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MARTIN v. EDMONDSON

No. 39,498

176 Kan. 374 (1954)

270 P.2d 791

MERLE WILLIAM MARTIN, Alias William Merle Martin, Petitioner, v. C.A. EDMONDSON, Warden of the State Penitentiary, and THE STATE OF KANSAS, et al., Respondents.

Supreme Court of Kansas.

Opinion filed May 24, 1954.

Attorney(s) appearing for the Case

Elmer Hoge, of Overland Park, argued the cause, and Roy W. Cliborn, of Mission, was with him on the briefs for the petitioner.

Paul E. Wilson, Assistant Attorney General, argued the cause, and Harold R. Fatzer, Attorney General, John Anderson, Jr., Special Assistant Attorney General, and James R. Bradley, County Attorney of Johnson County, were with him on the briefs for the respondents.

The opinion of the court was delivered by

PRICE, J.:

This is an original proceeding in habeas corpus in which petitioner, who is confined in the state penitentiary awaiting execution of a death sentence, seeks to have his conviction set aside and a new trial.

Petitioner and one Isgrigg were charged in Johnson County with the commission of four felonies, the first count of the information charging murder in the first degree of one Carver, a deputy sheriff...

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