Black v. Miller

On May 17, 1932, appellant, George Black, hereinafter referred to as petitioner, filed his petition for a writ of habeas corpus in the United States District Court -for the Western District of Washington, Northern Division. Ho alleged that he was unlawfully restrained of his liberty by the sheriff of King county, Wash., and by one William Miller, Extradition Agent for the Governor of Indiana, contrary to the Constitution and laws of the United States. An order to show cause was issued and respondents made their return thereto.

From the return of the sheriff it appears that he held petitioner in his custody by virtue of a fugitive warrant, and an order issued by a justice of the peace of said King county.

The record discloses that at the hearing in the District Court on May 18, petitioner waived any technicality as to the service of a warrant for the arrest of petitioner issued by the Governor of Washington, dated May 12, 1932, and the said warrant was then and there duly served upon petitioner. Thereupon the respondent Miller filed his return to the order to show cause, from which it appears that he was a sergeant in the police department of Indianapolis, Ind., and as such…