RUTLEDGE v. HUDSPETH

No. 37,905

169 Kan. 243 (1950)

218 P.2d 241

RALPH D. RUTLEDGE, Petitioner, v. ROBERT H. HUDSPETH, Warden, Kansas State Penitentiary, Respondent.

Supreme Court of Kansas.

Opinion filed May 6, 1950.


Attorney(s) appearing for the Case

No appearance made for the petitioner.

Harold R. Fatzer, attorney general, and C. Harold Hughes, assistant attorney general, were on the brief for the respondent.


The opinion of the court was delivered by

SMITH, J.:

This is an original proceeding in habeas corpus. The petitioner is confined in the penitentiary at Lansing under a life sentence as a habitual criminal and seeks his release.

He pleaded guilty to burglary and grand larceny in violation of G.S. 1935, 21-520 and 21-533. Each of these sections provides a penalty of confinement at hard labor not to exceed five years. After the plea and before sentence...

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