Smith v. State

McFADDEN, Justice.

Charles E. Smith, appellant, was arrested by the sheriff of Ada County, pursuant to a rendition warrant issued by the Governor of Idaho upon the request of the Governor of Missouri, and held for extradition to Missouri, where he was charged by complaint with the first degree murder of Donna Jean Smith, at Kirksville, Missouri, on or about October 26, 1961. While being so held, appellant petitioned the District Court of the Third Judicial District for a writ of habeas corpus alleging that he was not a fugitive from justice, because he was not in Missouri when the alleged…