Kennon v. State

The opinion of the court was delivered by

Holmes, C.J.:

The petitioner, John R. Kennon, appeals from an order of the Sedgwick County District Court denying Kennon’s petition for a writ of habeas corpus and thereby permitting Ken-non’s extradition to Alabama. The Court of Appeals affirmed the district court, and we granted Kennon’s petition for review. We reverse.

The issues asserted by Kennon are:

I: Whether the district court erred in failing to grant Ken-non’s petition when no facts proved Kennon was a fugitive from justice as required by K.S.A. 22-2702, the statute under which the State of…