WINDLE v. WIRE

No. 39,970

179 Kan. 239 (1956)

294 P.2d 213

In the Matter of the Application of CLARENCE E. WINDLE for a Writ of Habeas Corpus. CLARENCE E. WINDLE, Appellant, v. JOHN P. WIRE, Appellee.

Supreme Court of Kansas.

Opinion filed February 29, 1956.


Attorney(s) appearing for the Case

J.J. Mangan, of Dodge City, argued the cause and Z.A. Nevins, Jr., of Dodge City, was with him on the briefs for the appellant.

Rae E. Batt, county attorney, of Kinsley, argued the cause, and Harold R. Fatzer, attorney general, was with him on the briefs for the appellee.


The opinion of the court was delivered by

WERTZ, J.:

This is an appeal from a judgment denying a writ of habeas corpus sought by appellant, hereinafter referred to as petitioner, who had been bound over for trial for his alleged crime after a preliminary examination before an Edwards county magistrate.

It is disclosed by the record that the county attorney filed a complaint before the judge of the county court of Edwards county, charging that on November...

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