Levell v. Simpson

The opinion of the court was delivered by

Dawson, J.:

This is an application for a writ of habeas corpus. The petitioner is serving a life sentence in the state penitentiary for the crime of grand larceny. Through this proceeding he seeks his freedom on the ground that the sentence is void.

The facts are sufficiently developed by the application for the writ, by the response of the warden thereto, and by statements of counsel. There is no issue of fact requiring attention. It appears *893that in January, 1929, an information was filed in the district court of Shawnee county charging this petitioner…