SMITH v. HAND

No. 6968.

305 F.2d 373 (1962)

Sidney SMITH, Appellant, v. Tracy HAND, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied July 25, 1962.


Attorney(s) appearing for the Case

Dan D. Kincheloe, Wichita, Kan. (Sidney Smith filed a brief pro se), for appellant.

Park McGee, Asst. Atty. Gen., Topeka, Kan. (William M. Ferguson, Atty. Gen., Topeka, Kan., with him on the brief), for appellee.

Before PHILLIPS, PICKETT and LEWIS, Circuit Judges.


PER CURIAM.

Sidney Smith, who is serving a five to ten year sentence in the Kansas State Penitentiary for burglary, appeals from an order denying his application for a writ of habeas corpus. Smith alleges that the judgment and sentence is void because (1) the information charging him with burglary did not state an offense, and (2) he was denied due process of law since numerous errors committed by the trial court in the admission of evidence and exhibits deprived...

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