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HICKOCK & SMITH v. HAND

No. 42,970

190 Kan. 224 (1962)

373 P.2d 206

RICHARD EUGENE HICKOCK and PERRY EDWARD SMITH, Petitioners, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Respondent.

Supreme Court of Kansas.

Opinion filed July 7, 1962.

Attorney(s) appearing for the Case

Russell Shultz, of Wichita, argued the cause and was on the briefs for the petitioners.

William M. Ferguson, Attorney General, and J. Richard Foth, Assistant Attorney General, argued the cause and Charles Vance, Special Assistant Attorney General, was with them on the briefs for the respondent.

The opinion of the court was delivered by

JACKSON, J.:

This is an original proceeding brought by the petitioners for a writ of habeas corpus. The petitioners were each convicted of first degree murder on four counts in the district court of Finney county and the jury assessed the death penalty on each count. Just a year ago, petitioners' appeal from the above convictions came on for decision in this court. (State v. Hickock & Smith,

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