GERMANY v. HUDSPETH

No. 39,058

174 Kan. 1 (1953)

252 P.2d 858

NATHANIEL GERMANY, Petitioner, v. ROBERT H. HUDSPETH, Warden of the Kansas State Penitentiary, Respondent.

Supreme Court of Kansas.

Opinion filed February 5, 1953.


Attorney(s) appearing for the Case

Elisha Scott, Sr., of Topeka, argued the cause, and Charles S. Scott, and John J. Scott, both of Topeka, were with him on the briefs for the petitioner.

William P. Timmerman, assistant attorney general, argued the cause, and Harold R. Fatzer, attorney general, was with him on the briefs for the respondent.


The opinion of the court was delivered by

PARKER, J.:

This is an original proceeding in habeas corpus.

Petitioner is confined in the state penitentiary pursuant to a judgment and sentence of death by hanging rendered by the district court of Wyandotte county for commission of the crime of murder in the first degree. Prior to being sentenced he was tried and found guilty by a jury. Thereafter he took an appeal to this court which resulted in an affirmance...

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