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Craven v. Hudspeth

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eBook details

  • Title: Craven v. Hudspeth
  • Author : Supreme Court of Kansas
  • Release Date : January 12, 1952
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

The opinion of the court was delivered by Harold M. Craven filed his petition in the district court of
Leavenworth county for a writ of habeas corpus to procure his
release from the state penitentiary. The warden of the
penitentiary answered, a trial was had, petitioner was denied
relief and he has appealed to this court. As set forth in his petition the gist of plaintiff's
allegations that he was entitled to his discharge was that on
January 13, 1942, the district court of Sedgwick county sentenced
him to the state penitentiary for a term of from five to ten
years, and under the statutes allowing time credits, he was
entitled to his discharge on September 30, 1948; that under the
statutes of Kansas (G.S. 1949, 62-1518) his time for service to
the state commenced on the date of his sentence; that the
respondent computed the commencement of his sentence as of
September 30, 1948, and in violation of plaintiff's rights under
the fifth, sixth and fourteenth amendments of the constitution of
the United States and the sixth and eighth sections of the bill
of rights of the constitution of the state of Kansas; that his
sentence had expired and he was entitled to his release and he
prayed for such relief.


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