State Ex Rel. Otterstetter v. McManus

MacLaughlin, Justice.

This is an appeal from an order of the district court discharging a writ of habeas corpus. The issue on appeal is whether, under the provisions of the Interstate Agreement on Detainers and the facts of this case, a penal sentence imposed by a foreign state, running concurrently with a prior Minnesota sentence, requires the return of the prisoner to the foreign state upon his release on parole in Minnesota. We hold that it does, and, therefore, affirm.

On September 10, 1973, appellant, Harley Otterstetter, was convicted of theft by check and on October 22, 1973, was…