SIMON v. MILLER, 194 Colo. 27 (1977)

(568 P.2d 1167)

Douglas Edward Simon v. Arnold L. Miller, Sheriff of Arapahoe County

No. 27501Supreme Court of Colorado.
Decided September 12, 1977.

On application for writ of habeas corpus, appellant attacked extradition documents as fatally deficient for failure to establish probable cause. The trial judge discharged the writ.

Affirmed

1. EXTRADITION — Probable Cause — Crime — Minnesota — Discharge — Habeas Corpus — Proper. Trial judge acted properly in discharging habeas corpus petition where he found that extradition documents did establish probable cause to believe that fugitive had committed a crime in Minnesota, the demanding state.

Appeal from the District Court of Arapahoe County, Honorable Robert F. Kelley, Judge.

Rollie R. Rogers, State Public Defender, James F. Dumas, Jr., Chief Deputy, Forrest W. Lewis, Deputy, for petitioner-appellant.

No appearance for respondent-appellee.

En Banc.

MR. JUSTICE KELLEY delivered the opinion of the Court.

[1] This appeal concerns the sufficiency under section 16-19-104, C.R.S. 1973, of extradition documents submitted by the State of Minnesota to the Governor of the State of Colorado. At a hearing upon the appellant’s application for a writ of habeas corpus, the appellant attacked the extradition documents as fatally deficient because the documents, specifically the complaint and affidavit, did not establish probable cause as required by our decision in Pippin v. Leach, 188 Colo. 385,

Page 28

534 P.2d 119 (1975). The trial judge discharged the habeas corpus petition and found that the extradition documents did establish probable cause to believe that the appellant had committed a crime in Minnesota. We agree and therefore affirm.

The judgment of the trial court is affirmed.

MR. JUSTICE LEE does not participate.