May Malory v. John J. McGettrick Sheriff of Cuyahoga County, Ohio
This text of 318 F.2d 816 (May Malory v. John J. McGettrick Sheriff of Cuyahoga County, Ohio) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This appeal is from an order of the District Court denying a writ of habeas corpus to a state prisoner, and was submitted on the briefs and oral arguments of appellant, amicus curiae, and the prosecuting attorney of Cuyahoga County, Ohio.
From the petition filed in the District Court, it appears that pursuant to request of the Governor of the State of North Carolina, the Governor of the State of Ohio issued his writ of extradition, and the record further establishes that the requisition from North Carolina was based upon an indictment returned in that state charging petitioner with the crime of kidnapping.
No technical deficiencies in the procedures followed either in North Carolina or in Ohio are claimed by petitioner, the sole ground for seeking the issuance of the writ of habeas corpus being her *817 foar of bodily harm if returned to the State of North Carolina.
Under the controlling authority of Sweeney, Sheriff v. Woodall, 344 U.S. 86, 73 S.Ct. 139, 97 L.Ed. 114 (1952) the judgment of the District Court must be affirmed.
It is so ordered.
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318 F.2d 816, 1963 U.S. App. LEXIS 4972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/may-malory-v-john-j-mcgettrick-sheriff-of-cuyahoga-county-ohio-ca6-1963.