In Re Habeas Corpus Application of Gilchrist

The opinion of the court was delivered by

Herd, J.:

This is an appeal from the judgment of the district court of Miami County denying a petition for a writ of habeas corpus.

Appellant, Brad Lee Gilchrist, was charged in the municipal court of Osawatomie with battery under the Osawatomie Municipal Code. The complaint charged Gilchrist with grabbing one Linda Cunningham by the hair and throwing her into the bushes on December 9, 1984.

At some point, although not part of the record on appeal, Gilchrist claims he filed a complaint against Linda Cunningham for battery arising out of the same incident.

O…