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IN RE MORTIMER

No. 43,574

192 Kan. 164 (1963)

386 P.2d 261

In the Matter of the Application of NORMAN D. MORTIMER for a Writ of Habeas Corpus, Appellant, v. DAYTON EVANS, as Sheriff of Cherokee County, Kansas (successor to Carroll Lawson), Appellee.

Supreme Court of Kansas.

Opinion filed November 2, 1963.

Attorney(s) appearing for the Case

Max D. Hall, of Anthony, and R.L. White, of Pittsburg, argued the cause, and R.L. Letton and J. Curtis Nettels, of Pittsburg, were with them on the briefs of the appellant.

James G. Shaw, county attorney, and Merle Duncan, Jr., assistant county attorney, argued the cause and were on the brief for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This is a habeas corpus proceeding. Norman D. Mortimer, petitioner (appellant), was accused of the crime of manslaughter in the fourth degree (G.S. 1949, 21-420).

The complaint alleged that on the day specified the petitioner unlawfully, feloniously, willfully, and with culpable negligence drove and operated his Chevrolet bus on the public highway and failed...

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