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STERBENZ v. HAND

No. 42,247

188 Kan. 259 (1961)

361 P.2d 891

E.J. STERBENZ, Appellant, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee.

Supreme Court of Kansas.

Opinion filed May 13, 1961.

Attorney(s) appearing for the Case

Appellant was on the briefs pro se.

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

The opinion of the court was delivered by

ROBB, J.:

This is an appeal from a judgment of the trial court denying a writ of habeas corpus to defendant and remanding him to respondent's custody.

On December 1, 1955, the Reno county district court sentenced defendant (under G.S. 1949, 21-555) from one to five years in the state penitentiary for the commission of the crime of issuing a worthless check (G.S. 1949, 21-554) and on December 5, 1955, he was...

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