ROBICHAUD v. MacASKILL, 123 N.H. 110 (1983)

456 A.2d 389

PETER ROBICHAUD v. NELSON MacASKILL, SUPERINTENDENT, HILLSBOROUGH COUNTY JAIL

No. 82-230Supreme Court of New Hampshire Hillsborough
Decided February 18, 1983

Habeas Corpus — Denial of Relief Where plaintiff was arrested on a Governor’s warrant for extradition to the State of Florida on a drug charge, the trial court’s decision denying plaintiff’s petition for habeas corpus was proper where the evidence, which included the testimony of the police officer who had seized thirty-three grams of cocaine from the plaintiff at the Palm Beach airport and who identified the plaintiff, was sufficient for the trial court to conclude that the plaintiff was in fact the person sought.

Joanne S. Green, of Concord, by brief for the plaintiff.

Page 111

Gregory H. Smith, attorney general (Peter W. Mosseau, assistant attorney general, on the brief), by brief for the State.

MEMORANDUM OPINION

The plaintiff was arrested by the Hillsborough County Sheriff’s Department on a Governor’s warrant for extradition to the State of Florida on a drug charge. See RSA ch. 612. He challenged the attempted extradition by way of a habeas corpus petition. See Reeves v. Cox, 118 N.H. 271, 274, 385 A.2d 847, 850 (1978); RSA 612:10. At the hearing before the Superior Court (Pappagianis, J.), the officer who had seized thirty-three grams of cocaine from the plaintiff at the Palm Beach airport testified and identified the plaintiff. We find the evidence to have been sufficient for the court to conclude that the plaintiff was in fact the person sought, and therefore the writ was properly denied.

Affirmed.