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FOSTER v. HUDSPETH

No. 38,224

170 Kan. 338 (1950)

224 P.2d 987

DONALD D. FOSTER, Petitioner, v. R.H. HUDSPETH, Warden, Kansas State Penitentiary, Respondent.

Supreme Court of Kansas.

Opinion filed December 9, 1950.

Attorney(s) appearing for the Case

Donald D. Foster, pro se.

Harold R. Fatzer, attorney general, and Willis H. McQueary, assistant attorney general, were on the briefs for the respondent.

The opinion of the court was delivered by

PRICE, J.:

This is an original proceeding in habeas corpus in which petitioner seeks his release from confinement in the Kansas State Penitentiary.

On or about March 29, 1948, petitioner was taken into custody by Neosho county authorities for an alleged burglary offense committed in that county. A few days later he was formally charged with second degree burglary and...

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