Johnson v. Crouse

The opinion of the court was delivered by

Fatzer, J.:

This is an original proceeding for a writ of habeas corpus. The petitioner is confined in the Kansas State Penitentiary pursuant to the judgment and sentence of the district court of Marion County rendered May 2,1960, upon conviction of the crimes of burglary in the nighttime (G. S. 1949, 21-520) and grand larceny (G. S. 1961 Supp., 21-533).

Prior to May 2, 1960, the petitioner, Floyd E. Johnson, stood charged in the district court of Marion County by information which contained two counts. The first count charged that on April 17, 1960, the…