Public-domain · open source
OpenJurist

196 Colo. 28

Burleson v. Miller

Supreme Court of Colorado

Decided June 26, 1978

Supreme Court of Colorado · decided 1978-06-26

Cited by 2 later decisions — most recently March 1981

2 state decisions

Relies on Eathorne v. Nelson · Samples v. Cronin

Good law ✅— No negative treatment on recordhow we know

Decided 1978-06-26

View the full empirical analysis of this case →

MR. JUSTICE ERICKSON

¶1delivered the opinion of the Court.

¶2This appeal is taken from the trial court’s order discharging a writ of habeas corpus in an extradition proceeding.

¶3A grand jury in Texas indicted Oscar Ray Burleson for the crime of aggravated robbery. He now seeks to vitiate the requisition documents in a habeas corpus proceeding on the ground that the indictment is insufficient to charge aggravated robbery in the state of Texas. We affirm the trial court’s discharge of the writ of habeas corpus.

¶4The technical sufficiency of the indictment must be resolved by the courts in the demanding state. Samples v. Cronin, 189 Colo. 40, 536 P.2d 306 (1975); Eathorne v. Nelson, 180 Colo. 288, 505 P.2d 1 (1973).

¶5Judgment affirmed.

¶6MR. JUSTICE HODGES does not participate.

/196/colo/28 · .json · Public domain