HENDRIX v. HAND

No. 7075.

312 F.2d 147 (1962)

Lee R. HENDRIX, Appellant, v. Tracy A. HAND, Warden, Kansas State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

December 11, 1962.


Attorney(s) appearing for the Case

John C. Humpage and Leonard W. Pipkin, Jr., Topeka, Kan., for appellant.

Park McGee, Asst. Atty. Gen., of Kansas (William M. Ferguson, Atty. Gen., of Kansas, was with him on the brief) for appellee.

Before BRATTON, LEWIS and SETH, Circuit Judges.


BRATTON, Circuit Judge.

This proceeding in habeas corpus was instituted in the United States Court for Kansas by Lee R. Hendrix, hereinafter referred to as petitioner, to secure his discharge from further confinement in the penitentiary of Kansas. The petition was denied and petitioner appealed.

The effort to obtain the writ had its source in this background. An indictment was returned against petitioner in the District Court of Atchison County, Kansas, charging...

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