Grover A. Giles and J. J. Ferrin v. Helen Merrill

The appeal is from an order of the lower court granting appellee, Merrill, a writ of habeas corpus releasing her from the custody of certain Utah state officials who were acting to extradite Merrill to the State of Wyoming.

Merrill makes no attack upon the Utah statutes on extradition as violative of the Federal Constitution, but, contends that the statutory procedure provided for was not followed and, therefore, she was not afforded due process under the Fourteenth Amendment. It is conceded that no proceeding was had in the state courts to procure Merrill’s release from the alleged unlawful…