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IN RE FRYE

Nos. 38,851, 38,854, 38,855, 38,856

173 Kan. 392 (1952)

246 P.2d 313

In the Matter of the Application of RALPH K. FRYE for a Writ of Habeas Corpus. CLARK E. TUCKER, Petitioner, v. ELLSWORTH EDWARDS, Respondent. EDWARD J. MYERS, Petitioner, v. ELLSWORTH EDWARDS, Respondent. FRANCIS W. BLAKE, Petitioner, v. ELLSWORTH EDWARDS, Respondent.

Supreme Court of Kansas.

Opinion filed July 9, 1952.

Attorney(s) appearing for the Case

Arthur J. Stanley, Jr., of Kansas City, argued the cause and J.D. Lysaught, of Kansas City, was with him on the briefs for petitioner Ralph K. Frye; Louis R. Gates, of Kansas City, argued the cause and Blake A. Williamson, Willard Phillips, Thomas C. Lysaught and Lee E. Weeks, all of Kansas City, were with him on the briefs for petitioner Clark E. Tucker; Thomas E. Joyce, S.M. Terbovich, Kenneth Ray and T.M. VanCleave, Jr., all of Kansas City, were on the briefs for petitioner Edward J. Myers; and Joseph H. McDowell, David W. Carson and T.M. VanCleave, all of Kansas City, were on the briefs for petitioner Francis W. Blake.

Edward Rooney, special assistant to the attorney general, argued the cause, and Harold R. Fatzer, attorney general, Paul E. Wilson, assistant attorney general, Harold H. Harding, county attorney, Wyandotte county, and Donald A. Hardy, assistant county attorney, Wyandotte county, were with him on the briefs for the respondent.

The opinion of the court was delivered by

SMITH, J.:

These are habeas corpus proceedings. The petitioners were all indicted by a purported grand jury in Wyandotte county. The indictments were all returned and filed on June 6, 1952. Since the offenses with which the petitioners were charged have no bearing on these proceedings, they will not be stated.

Pursuant to a petition of taxpayers filed in accordance with G.S. 1949, 62-901, the district court...

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