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McGEE v. CROUSE

No. 43,141

190 Kan. 615 (1962)

376 P.2d 792

FRANK McGEE, Petitioner, v. SHERMAN CROUSE, Warden, Kansas State Penitentiary, Respondent.

Supreme Court of Kansas.

Opinion filed December 8, 1962.

Attorney(s) appearing for the Case

Frank McGee, petitioner, 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 respondent.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an original habeas corpus proceeding in which the petitioner seeks his release from the custody of the Warden of the Kansas State Penitentiary. On the 5th day of May, 1961, the petitioner was sentenced to a term of not less than five years nor more than ten years in the State Penitentiary after he had been found guilty of burglary in the second degree by a jury.

The petitioner challenges...

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