Richerson v. State , 91 Idaho 555 ( 1967 )

ON DENIAL OF PETITION FOR REHEARING

The State in its petition for rehearing contends that the court’s opinion “imposes a duty upon the State to utilize the procedures provided by 18 U.S.C.A., Section 4085, in the absence of an information or indictment having been filed against the accused by the State.” In answer to this contention, it is recognized that in the instant case only a “complaint” to date has been filed, but based on that complaint, the local enforcement authorities took the first step in the proceedings when the “hold order” was submitted to the Federal authorities. The State having taken such initial step, it became incumbent on the State to proceed with the cause by making a bona fide effort to obtain appellant’s presence to proceed with the cause. Whether or not such attempt to secure appellant’s presence is successful, under the federal statute, is dependent on the decision of the Attorney General of the United States.

Petition for rehearing is denied.