PATTERSON v. HUDSPETH

No. 37,948

170 Kan. 30 (1950)

223 P.2d 974

GENE LAVERNE PATTERSON, Appellee, v. ROBERT H. HUDSPETH, Warden, Kansas State Penitentiary, Appellant.

Supreme Court of Kansas.

Opinion filed November 10, 1950.


Attorney(s) appearing for the Case

C. Harold Hughes, assistant attorney general, argued the cause, and Harold R. Fatzer, attorney general, and Colonel H. Boone, county attorney, were with him on the briefs for the appellant.

Homer Davis, of Leavenworth, argued the cause, and was on the briefs for the appellee.


The opinion of the court was delivered by

WEDELL, J.:

This is an appeal by respondent, Robert H. Hudspeth, warden of the state penitentiary, from a judgment in a habeas corpus proceeding instituted by the petitioner, Gene Laverne Patterson. The appeal is from the judgment of the district court of Leavenworth county. That court concluded petitioner was not entitled to his release from custody but not withstanding such...

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