In re McClane

The opinion of the court was delivered by

Hutchison, J.:

The petitioner in this case applies to this court .for a writ of habeas corpus, claiming to be illegally restrained of his liberty by the superintendent of the industrial reformatory at Hutchinson, Kan., where he has been committed to serve a sentence for the conviction in Neosho county of the crime of an attempt to com*740mit rape. Three grounds are urged by the petitioner in support of his right to complete discharge: First, the information charged the offense of assault with intent to commit rape as well as simple assault, for which the…