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IN RE HABEAS CORPUS APPLICATION OF GILCHRIST

No. 57,769

238 Kan. 202 (1985)

708 P.2d 977

In the Matter of the Application of BRAD LEE GILCHRIST For a Writ of Habeas Corpus. BRAD LEE GILCHRIST, Appellant, v. CITY OF OSAWATOMIE, KANSAS, The HONORABLE JOHN A. WILSON, Osawatomie Municipal Court Judge; and The Sheriff of Miami County, Appellees.

Supreme Court of Kansas.

Opinion filed October 25, 1985.

Attorney(s) appearing for the Case

James F. Vano, of Overland Park, argued the cause, and David R. Gilman, of Overland Park, was with him on the brief for appellant.

Craig S. Powell, of McQueary & Powell, of Osawatomie, argued the cause and was on the brief for appellees City of Osawatomie and John A. Wilson.

Ed L. Randels, assistant county attorney, and Robert T. Stephan, attorney general, were on the brief for appellee sheriff of Miami County.

The opinion of the court was delivered by

HERD, J.:

This is an appeal from the judgment of the district court of Miami County denying a petition for a writ of habeas corpus.

Appellant, Brad Lee Gilchrist, was charged in the municipal court of Osawatomie with battery under the Osawatomie Municipal Code. The complaint charged Gilchrist with grabbing one Linda Cunningham by the hair and throwing her into the bushes on December 9, 1984.

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