Phillips v. Hoffman

The opinion of the court was delivered by

Robb, J.:

This consolidated case consists of case No. 40,303, which is an original proceeding for writ of habeas corpus in this court, and case No. 40,417, an appeal from the denial of a writ of habeas corpus in the district court of Leavenworth county.

Different phases of this matter have appeared before us in two previous appeals. (State v. Phillips, 172 Kan. 505, 241 P. 2d 503; State v. Phillips, 175 Kan. 50, 259 P. 2d 185.)

We will refer to the parties as petitioner and respondent and for convenience we will first dispose of case No. 40,417.

Petitioner,…