Kelly v. Kurtz

The opinion of the court was delivered by

Parker, C. J.:

This is an appeal from an order of the district court of Atchison County denying petitioner a writ of habeas corpus. The facts required to insure a proper understanding of the appellate issues presented will be stated briefly.

Louis James Kelly was charged by formal complaint with the offense of burglary in the second degree and a warrant was issued for his arrest. After his apprehension, and on September 15, 1957, *685he was brought before the judge of the city court of Atchison. Upon his failure to give appearance bond that magistrate…