The opinion of the court was delivered by
KAUL, J.:
This is an appeal by the state from an order of the trial court wherein Leon G. Young (appellee-petitioner) was granted a release in a habeas corpus proceeding.
On May 26, 1966, in the court of common pleas of Sedgwick county, petitioner (defendant therein) was convicted on a plea of guilty of the offense of embezzlement in an amount less than $50.00. (K.S.A. 21-545, now K.S.A. 1967 Supp. 21-545)...
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