Charles E. Smith v. State of Idaho and Paul W. Bright, Sheriff of Ada County, Idaho

Appellant appeals from an order of the United States District Court for the District of Idaho quashing a writ of habeas corpus sought by appellant after his arrest by authorities of the State of Idaho for extradition to the State of Missouri on a charge of first degree murder. We affirm the order.

The history of the case leading up to the filing by appellant of a petition for writ of habeas corpus in the United States District Court may be summarized as follows:

Early in 1963, appellant was arrested by the Sheriff of Ada County, Idaho, under authority of a rendition warrant of the Governor of Idaho. The warrant was issued pursuant to a request from the Governor of Missouri for the apprehension and extradition of appellant to Missouri on a charge of first degree murder, to wit, the murder of one Donna Jean Smith on or about October 26, 1961, at Kirksville, Adair County, Missouri.

The demanding papers from Missouri aver that appellant stands charged of the crime by an affidavit made before a magistrate. The complaint was sworn to by the county prosecuting attorney before the county magistrate and is dated April 8, 1963. The rendition warrant issued by the Governor of Idaho is…