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McCULLOUGH v. HUDSPETH

No. 37,753

168 Kan. 39 (1949)

210 P.2d 413

C. MAURICE McCULLOUGH, Petitioner, v. ROBERT H. HUDSPETH, as Warden of the Kansas State Penitentiary, and H.R. FATZER, attorney General of the State of Kansas, Respondents.

Supreme Court of Kansas.

Opinion filed October 8, 1949.

Attorney(s) appearing for the Case

Edward Rooney, of Topeka, argued the cause, and was on the briefs for the petitioner.

Harold Hughes, assistant attorney general, argued the cause, and H.R. Fatzer, attorney general, was with him on the briefs for the respondents.

The opinion of the court was delivered by

THIELE, J.:

This is an original proceeding commenced in this court by the petitioner against the warden of the state penitentiary and the attorney general for a writ of habeas corpus to secure petitioner's release from custody and to prevent his being returned to Russell county for trial on an information to which reference is later made. The attorney general's motion that...

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