Baker

RONAN, Justice. The petitioner, by this petition for , seeks his release from the custody of an officer of the State police who has arrested him upon a rendition warrant, issued by the Governor of the Commonwealth in compliance with the requisition of the Governor of New Hampshire, which stated that Baker had been indicted for the crime of robbery in that State and had fled into this Commonwealth. This requisition was accompanied by a duly authenticated copy of the indictment for this offence returned against Baker. There was also attached to the requisition an affidavit of one Caswell, stating that Baker was in the city where the alleged robbery occurred at the time of its commission and that he thereafter fled to this Commonwealth, and a copy of an application for extradition of Baker, made to the Governor of New Hampshire by the county solicitor of the county where the alleged robbery was committed, which stated that he was of the opinion that the evidence was sufficient to secure a conviction of the fugitive. The petition was denied after a hearing in the Superior Court. The petitioner excepted to the order denying his petition and to the denial of his requests for rulings. We assume in favor of the petitioner that the case may be properly brought here by exceptions. In re Harris, Petitioner, 309 Mass. 180, 34 N.E.2d 504, 135 A.L.R. 969.