Bobby Favors v. Frank a.eyman, Warden, Arizona State Prison

Favors appeals from an order denying his petition for a writ of habeas corpus. We affirm.

This case arises from the following facts. On June 11, 1963. Favors and one Burrell escaped from the Arizona State Prison in Florence, Arizona. Two days later they were captured in Glendale, Arizona, at the end of a high speed auto chase in which they had exchanged gunfire with police officers. On June 14, 1963, a complaint was filed before a Justice of the Peace for the West Phoenix Precinct in Maricopa County, charging both men with three counts of assault with intent to commit murder. Arrest warrants were issued the same day and placed in the hands of the Sheriff of Maricopa County. The warrants, however, were not served. Shortly thereafter, the men were returned to the Arizona State Prison. They were timely charged, tried and convicted in Pinal County Superior Court for the crime of escape.

On September 15, 1964, Burrell filed a motion for preliminary examination in the West Phoenix Justice Court. The motion was granted. The warrants of arrest which had been issued on June 14, 1963, were served on Favors and Burrell on October 1, 1964. A preliminary hearing was held five days later, and…