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SWOPE v. MUSSER

No. 49,477

223 Kan. 133 (1977)

573 P.2d 587

DOUGLAS M. SWOPE, Petitioner, v. HON. DON MUSSER, Judge of the Eleventh Judicial District, Division I, of the State of Kansas, Respondent.

Supreme Court of Kansas.

Opinion filed November 21, 1977.

Attorney(s) appearing for the Case

Fred Spigarelli and Timothy A. Short, both of Pittsburg, for the petitioner.

Michael F. McCurdy, county attorney, and David L. McLane, assistant county attorney, for the respondent.

The opinion of the court was delivered by

FROMME, J.:

The petitioner, a prisoner in the county jail of Crawford County, Kansas, filed this original action praying for an order of mandamus directing the respondent, the Honorable Don Musser, to reinstate an order of probation and to order release from custody in accordance with the order of probation previously entered.

After the petition was filed in this court the matter proceeded in accordance with...

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