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IN RE HABEAS CORPUS APPLICATION OF SWEAT

No. 55,299

235 Kan. 570 (1984)

684 P.2d 347

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.

Supreme Court of Kansas.

Opinion filed June 8, 1984.

Attorney(s) appearing for the Case

Eric A. Commer, of the Law Office of Lyle W. Britt, Chartered, of Wichita, argued the cause and was on the briefs for appellant.

Geary N. Gorup, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, and Clark V. Owens, district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

LOCKETT, J.:

This is a habeas corpus proceeding in which petitioner claims that by operation of the interstate Agreement on Detainers (Agreement) (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....

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