Merrifield v. Lyon

The opinion of the court was delivered by

Harvey, C. J.:

This was a habeas corpus case. It was filed in the district court of Smith County, Kansas, where after a hearing the court denied the application for the writ. Petitioner has appealed.

Necessary pertinent facts may be summarized as follows:

On August 31, 1953, the county attorney filed in the county court of Smith county, a complaint verified by the wife of the petitioner which as abstracted here reads:

“That on or about the 28 day of August, a. d. 1953, in the county of Smith and state of Kansas, C. H. Merrifield, then and there being, did…