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FOSTER v. MAYNARD

No. 48,683

222 Kan. 506 (1977)

565 P.2d 285

JIMMIE FRANK FOSTER, FRANKLIN R. YURK, WILLIAM L. BREIER, DELBERT E. HIGHMAN, Appellants, v. RAYMOND D. MAYNARD, et al., Appellee.

Supreme Court of Kansas.

Opinion filed June 11, 1977.

Attorney(s) appearing for the Case

Daniel J. Carroll, of the law firm of Murray and Tillotson, Chartered, Leavenworth, argued the cause and was on the brief for appellant.

Roger M. Theis, assistant attorney general, argued the cause, and Curt T. Schneider, attorney general, and Kenneth D. Doyle, special assistant attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

FATZER, C.J.:

This is an appeal from the denial of relief sought under a writ of habeas corpus pursuant to K.S.A. 60-1501. Petitioners-appellants are inmates at Kansas State Penitentiary at Lansing. On February 23, 1976, the appellants filed an amended petition for a writ of habeas corpus, pursuant to K.S.A. 60-1501, in the district court of Leavenworth County, alleging the...

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