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IN RE MERRIFIELD

No. 39,344

175 Kan. 889 (1954)

267 P.2d 465

In re Application for C.H. MERRIFIELD for a Writ of Habeas Corpus, Petitioner, Appellant, v. MERRILL LYON, Sheriff of Smith County, Kansas, Respondent, Appellee.

Supreme Court of Kansas.

Opinion filed March 6, 1954.

Attorney(s) appearing for the Case

Ralph H. Noah, of Beloit argued the cause, and Don W. Noah, of Beloit, was with him on the brief for the appellant.

Terry E. Relihan, county attorney, of Smith Center, argued the cause, and Harold R. Fatzer, attorney general, of Topeka, was with him on the brief for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This was a habeas corpus case. It was filed in the district court of Smith County, Kansas, where after a hearing the court denied the application for the writ. Petitioner has appealed.

Necessary pertinent facts may be summarized as follows:

On August 31, 1953, the county attorney filed in the county court of Smith county, a complaint verified by the wife of the petitioner which as abstracted...

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