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TRUGILLO v. EDMONDSON

No. 38,814

176 Kan. 195 (1954)

270 P.2d 219

JACK LUIS TRUGILLO, Petitioner, v. CHARLES EDMONDSON as Warden of the Kansas State Penitentiary at Lansing, substituted for Robert Hudspeth as Warden, Respondent.

Supreme Court of Kansas.

Opinion filed May 8, 1954.

Attorney(s) appearing for the Case

Joe T. Rogers, of Wichita, argued the cause and Roy L. Rogers, of Wichita, was with him on the briefs for the petitioner.

Robert L. Morrison, of Wichita, argued the cause and Harold R. Fatzer, attorney general, and Paul E. Wilson, assistant attorney general, were with him on the briefs for the respondent.

The opinion of the court was delivered by

SMITH, J.:

This is an original proceeding in habeas corpus. The petitioner was convicted of murder in the first degree and his punishment fixed at death. He was, pursuant to sentence, conveyed to the state penitentiary at Lansing. On July 19, 1949, his sentence was by the governor commuted to life imprisonment in the state penitentiary. He is now held in that institution.

On May 1, 1953, he filed this petition...

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