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JOHNSON v. STUCKER

No. 45,530

203 Kan. 253 (1969)

453 P.2d 35

JACK D. JOHNSON, Appellant v. NOVA F. STUCKER, Superintendent of the Kansas State Industrial Reformatory, Appellee.

Supreme Court of Kansas.

Opinion filed April 12, 1969.

Attorney(s) appearing for the Case

Dennis O. Smith, of Hutchinson, argued the cause, and Frank S. Hodge, H. Newlin Reynolds, Kenneth E. Peirce, and Dan W. Forker, Jr., of Hutchinson, were with him on the brief for the appellant.

Raymond F. Berkley, county attorney, argued the cause, and Kent Frizzell, attorney general, and Kerry J. Granger, assistant county attorney, were with him on the brief for the appellee.

Kent Frizzell, attorney general, and Edward G. Collister, Jr., assistant attorney general, were on the brief for amicus curiae state board of probation and parole.

The opinion of the court was delivered by

O'CONNOR, J.:

Jack D. Johnson filed a petition in Reno county district court for writ of habeas corpus and release from imprisonment in the state reformatory as a result of revocation of his parole by the state board of probation and parole. The writ was duly issued, and after a hearing the court rendered judgment dissolving the writ and ordering the petitioner remanded to the custody of the respondent. From this judgment...

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