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MONTGOMERY v. RHYNE

No. 40,424

180 Kan. 470 (1956)

304 P.2d 545

LOUIS MONTGOMERY, Appellant, v. ARDEN RHYNE, Sheriff of Leavenworth County, Appellee.

Supreme Court of Kansas.

Opinion filed December 8, 1956.

Attorney(s) appearing for the Case

Elisha Scott, Sr., of Topeka, argued the cause and was on the briefs for the appellant.

Fred W. Rausch, Jr., assistant attorney general, argued the cause and John Anderson, Jr., attorney general, was with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, C.J.:

This was a habeas corpus action. The trial court denied the writ. Petitioner has appealed.

The petitioner had been confined in the federal penitentiary at Leavenworth. Some time before his sentence expired the state of Mississippi asked that he be held for it. Extradition proceedings were begun and in due time the warrant of the governor of Kansas was issued. Petitioner was delivered to the sheriff...

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