Joseph Lott v. Louis A. Heyd, Sr., Criminal Sheriff, Parish of Orleans, Louisiana

CAMERON, Circuit Judge.

This is an appeal from habeas corpus proceedings. Appellant was arrested by Louisiana authorities on the basis of an affidavit 1 dated June 18, 1962. Extradition papers from Mississippi arrived on July 20 and 24,1962. Rendition proceedings were held in the State Criminal District Court July 21 and August 6, 1962 at which time appellant pled the thirty day prescriptive period set out in LSA- R.S. 15:168, but the court held that the § 168 prescriptive period “was of no moment” inasmuch as the prisoner was then being held under the Louisiana Governor’s warrant of arrest,…