In Re Golden

Otis Edward Golden petitions for a writ of habeas corpus challenging the validity of proceedings for his rendition to the State of Washington to answer a felony charge. Petitioner contends that there must be a judicial determination of probable cause in the asylum state before a fugitive may lawfully be rendered to the state which has demanded his return. We issued an order to show cause directed to the Sheriff of Sacramento County.

In his return the sheriff alleges that he took custody of petitioner pursuant to an extradition warrant issued by the Governor of California. Annexed to the return is a copy of the warrant together with copies of the demand and supporting papers from the Governor of Washington. The latter documents disclose that in Spokane County, Washington, petitioner was charged with and tried for the crime of rape; the jury was unable to agree on a verdict and was discharged; a date was then set for retrial; prior thereto an information charging the lesser crime of carnal knowledge was substituted for the original information charging rape; petitioner failed to appear for his second trial and a bench warrant for his arrest issued; petitioner was…