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TRINKLE v. HAND

No. 41,312

184 Kan. 577 (1959)

337 P.2d 665

BILLY MERLE TRINKLE, Petitioner, v. TRACY A. HAND, Warden of the Kansas State Penitentiary, Respondent.

Supreme Court of Kansas.

Opinion filed April 11, 1959.

Attorney(s) appearing for the Case

Billy Merle Trinkle, pro se.

John A. Emerson, assistant attorney general, argued the cause, and John Anderson, Jr., attorney general, was with him on the briefs for the respondent.

The opinion of the court was delivered by

PARKER, C.J.:

Following the granting of his application to proceed as an indigent person petitioner, who was prosecuted, convicted and sentenced in the district court of Linn County for the crime of forcible rape, in violation of G.S. 1949, 21-424, and is now confined in the state penitentiary under such sentence, commenced this original proceeding in habeas corpus in this court by filing a petition, charging in substance...

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