State v. Chance

The opinion of the court was delivered by

Robb, J.:

Since approximately April 9, 1953, petitioner (appellant) has been serving a sentence in the state penitentiary for the commission of second degree forgery in violation of G. S. 1949, 21-609. The sentence was for not less than one nor more than ten years. (G. S. 1949, 21-631.) On August 12, 1959, he petitioned the district court of Labette county for the issuance of writs of habeas corpus and error coram nobis. The state questioned jurisdiction of the Labette district court since petitioner was in the penitentiary at Lansing, Leavenworth…