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IN RE HABEAS CORPUS APPLICATION OF SWEAT

No. 55,299

9 Kan. App. 2d 268 (1984)

677 P.2d 554

In the Matter of the Application of SESMON SWEAT for a Writ of Habeas Corpus, Appellant, v. JOHNNIE DARR, Sheriff of Sedgwick County, Kansas, Appellee. Reversed .

Court of Appeals of Kansas.

Opinion filed February 2, 1984.

Attorney(s) appearing for the Case

Eric A. Commer, of Law Office of Lyle W. Britt, Chtd., of Wichita, for appellant.

Geary N. Gorup, assistant district attorney, Clark V. Owens, district attorney, and Robert T. Stephan, attorney general, for appellee.

Before REES, P.J., MEYER, J., and RICHARD W. WAHL, District Judge Assigned.

REES, J.:

This is a habeas corpus proceeding in which petitioner claims that by operation of the interstate Agreement on Detainers (K.S.A. 22-4401 et seq.) the Sedgwick County District Court was required to dismiss the criminal charges for which he was being held for trial in that court. The material facts are essentially undisputed. They are almost wholly established by documentary evidence, particularly petitioner's Exhibit 2, and to the extent they are not...

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