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STATE EX REL. OWENS v. HODGE

No. 53,767

230 Kan. 804 (1982)

641 P.2d 399

STATE OF KANSAS, ex rel., CLARK V. OWENS, District Attorney for the Eighteenth Judicial District of the State of Kansas, Petitioner, v. THE HONORABLE RAY HODGE, Judge of the Division 2 of the Eighteenth Judicial District of the State of Kansas and WILLIAM C. HAMES, Respondents.

Supreme Court of Kansas.

Opinion filed February 27, 1982.

Attorney(s) appearing for the Case

Jack Peggs, assistant district attorney, was on the pleadings and briefs for the petitioner.

E. Lael Alkire, of Wichita, and Richard L. Tegtmeier, of Tegtmeier, Bennett & Sears, P.C., of Colorado Springs, Colorado, were on the pleadings and briefs for the respondent, William C. Hames.

Stephen M. Joseph, of Joseph, Robison & Anderson, of Wichita, was on the pleadings and brief for the respondent, Judge Ray Hodge.

The opinion of the court was delivered by

PRAGER, J.:

This is an original proceeding in mandamus brought by Clark V. Owens, District Attorney for the 18th Judicial District, Sedgwick County, against district court judge Ray Hodge. In his petition, petitioner prays for an order directing the respondent, Ray Hodge, to withdraw and strike from the court files an order in a criminal case placing William C. Hames on probation. By reason of his interest in the action...

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