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LAWTON v. HAND

No. 41,310

183 Kan. 694 (1958)

331 P.2d 886

VIRGIL GAIL LAWTON, Petitioner, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Lansing, Kansas, Respondent.

Supreme Court of Kansas.

Opinion filed November 8, 1958.

Attorney(s) appearing for the Case

Samuel C. Jackson, of Topeka, argued the cause and was on the brief for the petitioner.

John A. Emerson, Assistant Attorney General, argued the cause, and John Anderson, Jr., Attorney General, was with him on the brief for the respondent.

Tom Crossan, of Independence, argued the cause, and Glen Tongier, of Coffeyville, was with him on the brief for Tom Crossan, County Attorney of Montgomery county, amicus curiae.

The opinion of the court was delivered by

JACKSON, J.:

Virgil Gail Lawton, who is confined in the state penitentiary at Lansing, brings this original petition for a writ of habeas corpus, and alleges that he was convicted under the provisions of G.S. 1949, 21-2311 of the crime of possession of marijuana and sentenced to serve a term of from one to five years in the penitentiary for the first offense; that he was charged with having marijuana in his possession...

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