Supreme Court of Kansas October 22, 1982, 54,135 (State v. Smith)

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The opinion of the court was delivered by

Miller, J.:

This is an appeal by the State under K.S.A. 22-3602(h)(3) from an order of the Lyon District Court in an extradition proceeding, refusing the Governor’s Warrant and dismissing the action. The defendant, Daniel Smith a/k/a Charles C. Stacy, was charged with being a fugitive from justice under the Uniform Criminal Extradition Act (K.S.A.