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TAGUE v. HUDSPETH, WARDEN, ET AL.

Nos. 38,311, 38,323

171 Kan. 225 (1951)

231 P.2d 209

KENNETH E. TAGUE, Appellant, v. R.D. HUDSPETH, Warden, Kansas State Penitentiary, et al., Appellees. KENNETH E. TAGUE, Petitioner, v. R.D. HUDSPETH, Warden, Kansas State Penitentiary, et al., Respondents.

Supreme Court of Kansas.

Opinion filed May 12, 1951.

Attorney(s) appearing for the Case

No. 38,311. Patrick J. Warnick, of Wichita, argued the cause and Henry Martz, Alan B. Phares, and Clyde M. Simon, all of Wichita, were with him on the briefs for the appellant. C. Harold Hughes, assistant attorney general, argued the cause, and Harold R. Fatzer, attorney general, Thomas F. Seed, county attorney, and Robert L. Morrison, assistant county attorney, were with him on the briefs for the appellees.

No. 38,323. Patrick J. Warnick, of Wichita, argued the cause for the petitioner. C. Harold Hughes, assistant attorney general, argued the cause for the respondents.

The opinion of the court was delivered by

WEDELL, J.:

The questions involved grow out of habeas corpus proceedings. Petitioner first filed a petition for a writ in the district court of Sedgwick county alleging he was illegally restrained of his liberty by R.H. Hudspeth, warden of the state penitentiary, his deputy, and by Robert S. Gray, sheriff of Sedgwick county. Following the hearing the writ was denied and petitioner appealed to this court. Thereafter...

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