People v. Boswell

The State appeals from the judgment of the circuit court of Du Page County granting defendant’s petition for a writ of habeas corpus in an extradition proceeding. The State claims the trial court erred in deciding an extradition matter on the basis of the merits of the Indiana criminal charge.

The present proceeding began when defendant, Robert Boswell, was arrested pursuant to a governor’s warrant issued by the Governor of Illinois on January 3, 1985, pursuant to a demand of the Governor of Indiana made on December 12, 1984. The warrant recited that defendant had been charged by information…