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BROWN v. STATE

No. 44,422

196 Kan. 236 (1966)

409 P.2d 772

ORVILLE CLYDE BROWN, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed January 22, 1966.

Attorney(s) appearing for the Case

Matthew J. Dowd, of Hutchinson, argued the cause, and was on the brief for the appellant.

Richard J. Rome, County Attorney, argued the cause, and Raymond F. Berkley and Lane H. Cronhardt, Assistant County Attorneys, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a proceeding instituted pursuant to K.S.A. 60-1507, in which the district court of Reno County, Kansas, denied the petitioner's motion for discharge from the Kansas State Penitentiary. Appeal has been duly perfected.

The disposition of this case turns upon a question of procedure under the foregoing statute. The question is whether the petitioner's presence is required at the hearing...

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