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TAFARELLA v. HAND

No. 41,432

185 Kan. 613 (1959)

347 P.2d 356

LEO TAFARELLA, Appellee, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Appellant.

Supreme Court of Kansas.

Opinion filed December 12, 1959.

Attorney(s) appearing for the Case

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

The opinion of the court was delivered by

PARKER, C.J.:

This is a habeas corpus proceeding in which the warden of the Kansas state penitentiary appeals from an order and judgment of the district court of Leavenworth County granting the petitioner, Leo Tafarella, a writ of habeas corpus and directing his release from the warden's custody.

There is no dispute respecting the basic facts responsible for petitioner's detention. According to the record presented...

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