Supreme Court of Georgia, 1979

Horning v. Hutson

Supreme Court of Georgia · Decided February 9, 1979 · Nichols

243 Ga. 217; 253 S.E.2d 167; 1979 Ga. LEXIS 856

Cases that cite this one

1 later published case cites this decision.

Treadaway v. Baker (Ga. 1979)

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Opinion of the Court

Nichols, Chief Justice.

Horning appeals from a judgment in his habeas proceeding finding the extradition papers in order and denying him discharge on any of the grounds asserted by him.

1. Detention for a period in excess of that permitted by Code Ann. § 44-415 provides a ground for discharge from jail or bail if the governor’s warrant has not been executed, but it does not provide a ground for avoiding extradition where the warrant has been executed. Stynchcombe v. Whitley, 240 Ga. 776 (242 SE2d 720) (1978).

2. None of the other grounds asserted by Horning provides a basis for avoiding extradition. Michigan v. Doran, — U. S. — (99 SC 530, 58 LE2d 521) (1978); Anderson v. State, 243 Ga. 216 (1979).

Judgment affirmed.

All the Justices concur.

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