Fitch v. Edmondson

The opinion of the court was delivered by

Price, J.:

This is an original proceeding in habeas corpus in which petitioner seeks his release from the Kansas state penitentiary.

The record before us establishes the following factual background:

On February 19, 1948, petitioner entered his plea of guilty in case No. 4045 in the district court of Butler County to the charge of larceny of an automobile (G. S. 1949, 21-533), and was sentenced to confinement in the state penitentiary for a term of not less than five nor more than fifteen years, under G. S. 1949, 21-534.

Pursuant to such conviction and…