WEY v. HAND

No. 42,345

188 Kan. 192 (1961)

360 P.2d 880

DONALD L. WEY, Appellee, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellant.

Supreme Court of Kansas.

Opinion filed April 8, 1961.


Attorney(s) appearing for the Case

J. Richard Foth, assistant attorney general, argued the cause, and William M. Ferguson, attorney general, was with him on the briefs for the appellant.

Donald L. Wey, pro se.


The opinion of the court was delivered by

JACKSON, J.:

The appellee-petitioner filed his petition for a writ of habeas corpus against the warden of the penitentiary in the district court and the district court, after making findings of fact which are not in dispute, allowed the writ as of October 3, 1960. The warden has appealed.

The findings of fact of the district court may be summarized briefly as follows:

Petitioner was convicted on his...

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