Burleson v. Miller

Supreme Court of Colorado

Burleson v. Miller

580 P.2d 793, 196 Colo. 28, 1978 Colo. LEXIS 673

CourtSupreme Court of Colorado

DecidedJune 26, 1978

DocketNo. 27488

StatusPublished

Cited by1 cases

This text of 580 P.2d 793 (Burleson v. Miller) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burleson v. Miller, 580 P.2d 793, 196 Colo. 28, 1978 Colo. LEXIS 673 (Colo. 1978).

Pincite

Opinion

MR. JUSTICE ERICKSON

delivered the opinion of the Court.

This appeal is taken from the trial court’s order discharging a writ of habeas corpus in an extradition proceeding.

A grand jury in Texas indicted Oscar Ray Burleson for the crime of aggravated robbery. He now seeks to vitiate the requisition documents in a habeas corpus proceeding on the ground that the indictment is insufficient to charge aggravated robbery in the state of Texas. We affirm the trial court’s discharge of the writ of habeas corpus.

The technical sufficiency of the indictment must be resolved by the courts in the demanding state. Samples v. Cronin, 189 Colo. 40, 536 P.2d 306 (1975); Eathorne v. Nelson, 180 Colo. 288, 505 P.2d 1 (1973).

Judgment affirmed.

MR. JUSTICE HODGES does not participate.

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