Thompson v. Nye

The opinion of the court was delivered by This is an appeal from a judgment denying a petition for a writ
of habeas corpus. Appellant was convicted on March 18, 1949, on a felony charge
in the district court of the United States for the district of
Nebraska and was committed to the United States penitentiary at
Leavenworth, Kansas. Thereafter, he was charged in the state of
Nebraska with having previously, on November 6, 1948, committed
the offense of issuing a check with intent to defraud. On April
6, 1949, a detainer warrant was lodged for him in Kansas. On
November 10, 1952, an extradition warrant was issued by the
governor of Kansas in conformity with regular procedure in such
cases. The warrant of the governor of Kansas, among other things,
recited it had been made to appear to him appellant was a
fugitive from justice of the state of Nebraska. Appellant was
released from the federal penitentiary at Leavenworth November
17, 1952. Pursuant to the command contained in the warrant of the
governor of Kansas appellant was arrested and taken into custody
by Herbert Nye, sheriff of Leavenworth county. The district court
of Leavenworth county denied the petition for the writ and
appellant is now in the custody of the sheriff and a
representative of the state of Nebraska, appellees.