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NEWINGHAM v. STATE

No. 42,719

190 Kan. 145 (1962)

372 P.2d 1015

MICHIEL MARTIN NEWINGHAM, Appellee, v. THE STATE OF KANSAS, MARVIN L. STORTZ, Sheriff of Cloud County, Kansas, and HARRY STERLING, Deputy Sheriff of Cloud County, Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed July 7, 1962.

Attorney(s) appearing for the Case

Park McGee, assistant attorney general, argued the cause, and William M. Ferguson, attorney general, and Lee R. Stanford, county attorney, were with him on the briefs for the appellants.

W.B. Buechel, of Concordia, argued the cause, and Frank C. Baldwin, Clarence Paulsen, and Dean L. Gibson, all of Concordia, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal by the state from an order of the trial court wherein appellee (petitioner) was granted a release in a habeas corpus proceeding.

On February 3, 1961, petitioner (defendant therein) was charged with compounding or concealing a misdemeanor on January 13, 1961, in violation of G.S. 1949, 21-715. On February 10, 1961, the Cloud county court...

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