Robert Earl Miller v. J. E. "Bill" Decker

CASSIBRY, District Judge:

This is an appeal from an order of the District Court denying Robert Earl Miller’s application for writ of habeas corpus which asserted the invalidity of the proceeding to extradite him from the State of Texas to the State of California. We affirm.

Appellant Miller contends that the extradition proceeding against him is unlawful because he was not in California, the demanding state, at the time he was alleged to have violated Section 270 of the California Penal Code by failing to make support payments for his minor children and he therefore was not a fugitive from…