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APPLICATION OF MIDDLEBROOKS

No. 10586-C.

88 F.Supp. 943 (1950)

Application of MIDDLEBROOKS.

United States District Court S. D. California, Central Division.

February 3, 1950.

Attorney(s) appearing for the Case

Margolis & McTernan and Herbert W. Simmons, Jr., Los Angeles, Cal., Elizabeth Murray, Santa Barbara, Cal., for petitioner.

David S. Licker, District Attorney, Santa Barbara, Cal., Vern B. Thomas, Assistant District Attorney, Santa Barbara, Cal., for respondent.

Loren Miller, Los Angeles, Cal., for National Ass'n for Advancement of Colored People, Eugene Cook, Attorney General of the State of Georgia, amici curiæ.

CARTER, District Judge.

In this proceeding, Sylvester Middlebrooks, Jr., petitioned for a writ of habeas corpus, alleging that he was illegally held in custody by the Sheriff of Santa Barbara County, California, for extradition to the State of Georgia to there serve out the balance of a sentence imposed by a State court of Georgia; and that the custody of the California Sheriff was illegal, because:

(1) The conviction and sentence in the State of Georgia was...

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