Kay v. State

This is an appeal from a judgment and order of the court below overruling and denying appellant's petition for a writ of habeas corpus. Notice of appeal being given, the lower court suspended the judgment denying the writ pending appeal and allowed appellant bail.

For convenience the appellant will hereinafter be referred to as the petitioner.

The petitioner was arrested on a Governor's extradition warrant on 29 December 1947.

These proceedings were then instituted seeking his release from the Sheriff of Barbour County.

In his answer the sheriff set up that he was holding the petitioner under and…