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UHOCK v. HAND

No. 40,789

182 Kan. 419 (1958)

320 P.2d 794

STANLEY UHOCK, Petitioner, v. TRACY HAND, Warden of the Kansas State Penitentiary, Respondent.

Supreme Court of Kansas.

Opinion filed January 25, 1958.

Attorney(s) appearing for the Case

Stanley Uhock, petitioner, was on the brief pro se.

Charles N. Henson, Jr., Assistant Attorney General, argued the cause, and John Anderson, Jr., Attorney General, was with him on the brief for respondent.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an original proceeding in habeas corpus in which petitioner after a final judgment seeks his release from confinement in the State Penitentiary.

The grounds upon which petitioner seeks his release are that — (1) He was charged with first degree murder and no warrant was ever served upon him; (2) The magistrate who conducted the preliminary...

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