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SELBE v. HUDSPETH

No. 39,081

175 Kan. 154 (1953)

259 P.2d 204

DARRELL Z. SELBE, Petitioner, v. ROBERT H. HUDSPETH, Warden of the Kansas State Penitentiary, Respondent.

Supreme Court of Kansas.

Opinion filed July 6, 1953.

Attorney(s) appearing for the Case

Kenneth H. Foust, of Iola, argued the cause, and was on the briefs for the petitioner.

Thomas M. Evans, 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 trial court was delivered by

THIELE, J.:

This is an original proceeding in habeas corpus wherein the petitioner seeks his release from the custody of the warden of the state penitentiary.

A brief statement suffices to disclose the legal question involved. On July 7, 1952, an information was filed in the district court of Cowley County charging the defendant, petitioner here, with the crimes of burglary and larceny. According to the...

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