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MILLER v. HAND

No. 43,051

190 Kan. 246 (1962)

372 P.2d 993

EMERY MILLER, Appellant, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee.

Supreme Court of Kansas.

Opinion filed July 7, 1962.

Attorney(s) appearing for the Case

Appellant was on the brief pro se.

Park McGee, Assistant Attorney General, argued the cause, and William M. Ferguson, Attorney General, was with him on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This is an appeal from an order denying a petition for a writ of habeas corpus. Petitioner — hereafter referred to as defendant — is presently confined in the state penitentiary.

On February 9, 1959, defendant entered his plea of guilty in the district court of Morton county to charges of burglarly and larceny, and was duly sentenced to and confined in the penitentiary. He brought a...

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