Tague v. HUDSPETH, WARDEN

The opinion of the court was delivered by

Wedell, J.:

The questions involved grow out of habeas corpus proceedings. Petitioner first filed a petition for a writ in the district court of Sedgwick county alleging he was illegally restrained of his liberty by R. H. Hudspeth, warden of the state penitentiary, his deputy, and by Robert S. Gray, sheriff of Sedgwick county. Following the hearing the writ was denied and petitioner appealed to this court. Thereafter petitioner also instituted an original proceeding for a writ in this court. The same legal questions are presented in each proceeding. The…