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Kealy (D) was extradited to Iowa for a charge of false pretenses. When he was returned to Iowa he was also indicted for the crime of forging a promissory note. D made a motion to be discharged from restraint because he had not been extradited on this charge. D alleged that the court would have to permit him to return to New York and then extradite him on the latter charge if it wanted to arrest him on that charge. D's writ was denied and he appealed.

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