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IN RE BERKOWITZ

No. 50,753

3 Kan. App. 2d 726 (1979)

602 P.2d 99

In the Matter of the Application of ROBERT M. BERKOWITZ for a Writ of Habeas Corpus.

Court of Appeals of Kansas.

Opinion filed October 26, 1979.

Attorney(s) appearing for the Case

Jack Focht, of Smith, Shay, Farmer and Wetta, of Wichita, for the petitioner.

William Rex Lorson, county attorney, and Robert T. Stephan, attorney general, for the respondent.

Before FOTH, C.J., ABBOTT and REES, JJ.

FOTH, C.J.:

This is an original proceeding in habeas corpus. Petitioner Robert M. Berkowitz stands charged in the district court of Saline County with two counts of abuse of a child. He contends that his present custody by the respondent sheriff is unlawful because trial on the pending charges would subject him to double jeopardy.1 The case presents a profound conflict between two important interests of our society: on the one hand that...

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