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PEAY v. HAND

No. 41,206

184 Kan. 182 (1959)

334 P.2d 369

DWIN ELMER PEAY, Appellant, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Appellee.

Supreme Court of Kansas.

Opinion filed January 24, 1959.

Attorney(s) appearing for the Case

Edwin Elmer Peay, appellant, was on the brief pro se.

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

The opinion of the court was delivered by

PRICE, J.:

This appeal is from an order denying an application for a writ of habeas corpus.

The record discloses the following:

Petitioner (appellant here) was charged in an information filed in the district court of Butler county with the offense of burglary in the second degree, and also with the offense of larceny in connection therewith, the offenses consisting of breaking into and entering a tool...

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