Davis Et Al. v. Pelley

On February 17, 1950, appellee filed a petition for writ of habeas corpus in the Hamilton Circuit Court. The petition alleged that appellee was unjustly detained and illegally held in custody by Carey M. Davis, sheriff of Hamilton County, Indiana, under an alleged warrant of arrest issued by the Governor of the State of Indiana as a result of a demand by the State of North Carolina for the extradition of appellee as an alleged fugitive from Justice. The issues were closed by proper pleadings and the cause was submitted to the court on the pleadings and evidence adduced at the hearing. On December 22, 1950, the Hamilton Circuit Court entered its finding and judgment releasing appellee from the custody and restraint of appellant, Carey M. Davis. On January 1, 1951 Roland Guilkey succeeded Carey M. Davis as sheriff of Hamilton County. On January 19, 1951 appellant, Roland Guilkey, filed a purported motion for a new trial, which was overruled on February 23, 1951. From this order appellant, Roland Guilkey, attempts to prosecute this appeal to this court.