Montgomery v. Rhyne

The opinion of the court was delivered by

Smith, C. J.;

This was a habeas corpus action. The trial court ■denied the writ. Petitioner has appealed.

The petitioner had been confined in the federal penitentiary at Leavenworth. Some time before his sentence expired the state of Mississippi asked that he be held for it. Extradition proceedings were begun and in due time the warrant of the governor of Kansas was issued. Petitioner was delivered to the sheriff of Leavenworth county to be held by him awaiting action on the requisition proceedings. While he was thus being held this petition in habeas…