Peay v. Hand

The opinion of the court was delivered by

Price, J.:

This appeal is from an order denying an application for a writ of habeas corpus.

The record discloses the following;

Petitioner (appellant here) was charged in an information filed in the district court of Butler county with the offense of burglary in the second degree, and also with the offense of larceny in connection therewith, the offenses consisting of breaking into and entering a tool shed in the nighttime, and the theft of certain described tools belonging to named individuals.

On September 7, 1956, petitioner, being present in court in…