Ferguson v. Hoffman

The opinion pf the court was delivered by

Robb, J.:

Case. No. 40,291 is an appeal from an order of the district court of Leavenworth county denying.;appellant’s (hereinafter called plaintiff) petition for a writ of habeas corpus.' Case No. 40,297 is an original proceeding in this court in which plaintiff filed a petition for a writ of habeas corpus also'.. Appellee, hereinafter referred to as the state, moved for consolidation of the two cases, which was granted by this court.

On October 13, 1952, in a justice of the peace court in Labette •county plaintiff was charged with the theft, on or…