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WHITEAKER v. STATE

No. 44,439

196 Kan. 583 (1966)

413 P.2d 122

EDGAR FRED WHITEAKER, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed April 9, 1966.

Attorney(s) appearing for the Case

Arthur A. Glassman, of Topeka, argued the cause and was on the brief for the appellant.

Robert D. Hecht, County Attorney, argued the cause, and Robert C. Londerholm, Attorney General, and Stephen J. Kritikos, Assistant County Attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

This is an appeal from an order denying the motion of appellant for discharge from the Kansas State Penitentiary. The appellant will be referred to as petitioner.

In April 1963 a complaint was filed in Shawnee county charging petitioner with robbery in the first degree (K.S.A. 21-527). The petitioner was confined in the Kansas State Penitentiary pursuant to felony convictions in Kingman and Sedgwick...

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