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MONTGOMERY v. HAND

No. 40,940

183 Kan. 118 (1958)

325 P.2d 69

L.J. MONTGOMERY, Appellant, v. TRACY HAND, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee.

Supreme Court of Kansas.

Opinion filed May 10, 1958.

Attorney(s) appearing for the Case

L.J. Montgomery, pro se.

Charles N. Henson, Jr., Assistant Attorney General, of Topeka, argued the cause, and John Anderson, Jr., Attorney General, was with him on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

Appellant is presently confined in the state penitentiary and appeals from an order of the district court of Leavenworth County, Kansas, denying his petition for a writ of habeas corpus and remanding him to the custody of the warden of that institution.

The appellant was arrested and tried by a jury in the district court of Butler County, Kansas, on a charge of commission of the crime of burglary...

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