Horning v. Hutson

Supreme Court of Georgia

Horning v. Hutson

253 S.E.2d 167, 243 Ga. 217, 1979 Ga. LEXIS 856

CourtSupreme Court of Georgia

DecidedFebruary 9, 1979

Docket34255

StatusPublished

Cited by1 cases

This text of 253 S.E.2d 167 (Horning v. Hutson) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Horning v. Hutson, 253 S.E.2d 167, 243 Ga. 217, 1979 Ga. LEXIS 856 (Ga. 1979).

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Opinion

Nichols, Chief Justice.

Horning appeals from a judgment in his habeas proceeding finding the extradition papers in order and denying him discharge on any of the grounds asserted by him.

1. Detention for a period in excess of that permitted by Code Ann. § 44-415 provides a ground for discharge from jail or bail if the governor’s warrant has not been executed, but it does not provide a ground for avoiding extradition where the warrant has been executed. Stynchcombe v. Whitley, 240 Ga. 776 (242 SE2d 720) (1978).

2. None of the other grounds asserted by Horning provides a basis for avoiding extradition. Michigan v. Doran, — U. S. — (99 SC 530, 58 LE2d 521) (1978); Anderson v. State, 243 Ga. 216 (1979).

Judgment affirmed.

All the Justices concur.

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