Smith v. Nye

The opinion of the court was delivered by

Parker, J.:

In this original habeas corpus proceeding petitioner, who is now being detained by the respondent, Herbert R. Nye, Sheriff of Leavenworth County, pursuant to extradition proceedings initiated by the State of Florida, asks that he be released from the custody of that official.

There is no dispute respecting the basic facts responsible for petitioner s detention. In May, 1948, he pleaded guilty to, and was convicted of, a violation of the criminal laws of the State of Florida, namely, grand larceny, and thereupon was sentenced to serve two…