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MOODY v. EDMONDSON

No. 39,314

176 Kan. 116 (1954)

269 P.2d 462

LOWELL NATHANIEL MOODY, Appellee, v. CHARLES A. EDMONDSON, Warden, Kansas State Penitentiary, Appellant.

Supreme Court of Kansas.

Opinion filed April 10, 1954.

Attorney(s) appearing for the Case

Thomas M. Evans, assistant attorney general, of Topeka, argued the cause, and Harold R. Fatzer, attorney general, of Topeka, was with him on the brief for the appellant.

John E. Blake, of Kansas City, argued the cause, and Bill E. Fabian and Robert E. Fabian, both of Kansas City, were with him on the brief for the appellee.

The opinion of the court was delivered by

THIELE, J.:

Lowell Nathaniel Moody, who was incarcerated in the state penitentiary under circumstances later mentioned, filed his petition for a writ of habeas corpus in the district court of Leavenworth County to secure his release from custody. The respondent warden filed his return to the writ and upon the hearing on July 13, 1953, the trial court sustained the petition and ordered and adjudged that the petitioner...

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