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PAIGE v. GAFFNEY

No. 46,156

207 Kan. 170 (1971)

483 P.2d 494

JAMES LEROY PAIGE, Appellant, v. RAYMOND J. GAFFNEY [substituted for Sherman H. Crouse], Warden of the Kansas State Penitentiary, Appellee.

Supreme Court of Kansas.

Opinion filed April 10, 1971.

Attorney(s) appearing for the Case

Austin N. Wyrick, of Leavenworth argued the cause, and Lee Kraft, of Leavenworth, was with him on the brief for the appellant.

Patrick J. Reardon, County Attorney, argued the cause, and Vern Miller, Attorney General, and Douglas G. Waters, Jr., Special Prosecutor, of Leavenworth, were with him on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

Petitioner-appellant, James Leroy Paige, appeals from an adverse ruling entered in a postconviction proceeding before the district court of Leavenworth County.

While serving a sentence for grand larceny of an automobile imposed in 1958, petitioner, on December 22, 1959, walked away from an outside dormitory at the Kansas State Penitentiary where he was a trusty. Petitioner was apprehended and returned...

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