Montgomery v. Rhyne
Montgomery v. Rhyne
Opinion of the Court
The opinion of the court was delivered by
This was a habeas corpus action. The trial court ■denied the writ. Petitioner has appealed.
The petitioner had been confined in the federal penitentiary at Leavenworth. Some time before his sentence expired the state of Mississippi asked that he be held for it. Extradition proceedings were begun and in due time the warrant of the governor of Kansas was issued. Petitioner was delivered to the sheriff of Leavenworth county to be held by him awaiting action on the requisition proceedings. While he was thus being held this petition in habeas corpus was filed in the district court of Leavenworth county. That court denied the writ. Hence this appeal.
There are some deficiencies in the record. Since this is a habeas corpus action and the petitioner is confined in jail we have relaxed our rules, waived a cost deposit and permitted the petitioner’s abstract and brief to be filed in typewritten form. The attorney general has printed all the pertinent facts of the record.
Petitioner states that at the expiration of his sentence in the federal prison when he was released he was arrested by an agent of Mississippi on a pretended charge of burglary and larceny. That statement is not quite correct. Petitioner had been convicted of eight counts of burglary and larceny. While he was held in jail awaiting transportation to the state penitentiary he escaped. While thus at liberty he became involved in a Dyer act charge, which resulted in his being incarcerated in the federal penitentiary.
The next argument of petitioner is that this court should inquire into the right of extradition of the demanding state. He argues this court should inquire into and consider his claim that he did not receive a fair trial in Mississippi. The proper forum in which he should present this question is the coruts of Mississippi. This court has no jurisdiction to inquire into the manner in which a court in Mississippi conducts its trials. (See McTigue v. Rhyne, 180 Kan. 8, 298 P. 2d 228.)
The judgment of the trial court is affirmed.
Reference
- Full Case Name
- Louis Montgomery v. Arden Rhyne, Sheriff of Leavenworth County
- Status
- Published