RAMSEY v. HAND

No. 41,409

185 Kan. 350 (1959)

343 P.2d 225

ROY RAMSEY, Appellee, v. TRACY A. HAND, Warden of the Kansas State Penitentiary, Appellant.

Supreme Court of Kansas.

Opinion filed August 3, 1959.


Attorney(s) appearing for the Case

Charles N. Henson, Assistant Attorney General, argued the cause, and John Anderson, Jr., Attorney General, and John A. Emerson, Assistant Attorney General, were with him on the briefs for appellant.

Gerald L. Goodell, of Topeka, argued the cause, and Lester M. Goodell, Margaret McGurnaghan, Marlin S. Casey, Raymond Briman, and Thomas R. Sewell, all of Topeka, were with him on the briefs for appellee.


The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal in a habeas corpus action by the warden of the state penitentiary from an order of the district court of Leavenworth County granting the petitioner's writ and directing his discharge.

The primary question presented is whether the district court of Crawford County, which originally tried the petitioner on a first degree murder charge, was without jurisdiction to accept his plea...

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