SMITH v. CROUSE

No. 43,647

192 Kan. 171 (1963)

386 P.2d 295

SIDNEY SMITH, Appellant, v. SHERMAN H. CROUSE, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee.

Supreme Court of Kansas.

Opinion filed November 2, 1963.


Attorney(s) appearing for the Case

Robert B. Yohe, of Kansas City, argued the cause and was on the brief for the appellant.

Arthur E. Palmer, 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.:

Sidney Smith was convicted in the district court of Bourbon county of the offense of burglary in the second degree. Pursuant thereto he was committed to the state penitentiary. His appeal, pro se, from that conviction and sentence was dismissed by this court. Subsequently he filed a petition in the district court of Leavenworth county for a writ of habeas corpus. Following a hearing the petition for...

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