BARRETT v. HUDSPETH

No. 39,031

174 Kan. 754 (1953)

258 P.2d 351

JONIE BARRETT, Petitioner, v. R.H. HUDSPETH, Warden, Kansas State Penitentiary, and the State of Kansas, et al., Respondents.

Supreme Court of Kansas.

Opinion filed June 6, 1953.


Attorney(s) appearing for the Case

Jonie Barrett, pro se, was on the briefs for the petitioner.

Harold R. Fatzer, attorney general, and Paul E. Wilson, assistant attorney general, were on the briefs for the respondent.


The opinion of the court was delivered by

HARVEY, C.J.:

This is an original proceeding in habeas corpus. The petitioner, an inmate of our state penitentiary, alleges that he is unlawfully and involuntarily held in custody by respondent warden on a journal entry of judgment and commitment issued out of the district court of Douglas county in case No. 4076, which instruments are null and void because he never was served with a warrant for his arrest in that...

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