Downs v. Hudspeth

The opinion of the court was delivered by

Parker, J.:

In this, an original proceeding, Harry Downs, who is serving two life sentences in the state penitentiary for murder committed in the perpetration of a robbery under separate and distinct judgments of the district court of Labette county rendered on November 2, 1942, seeks a writ of habeas corpus to secure his release from prison.

The petitioner’s claim of illegal imprisonment, which ignores the fact he is incarcerated under two commitments, is based upon the following grounds:(1) That he is not guilty of murder committed in the perpetration…