James v. Amrine

*398The opinion of the court was delivered by

Hoch, J.:

This is an appeal by the warden of the penitentiary from an order discharging a prisoner in a proceeding in habeas corpus. The primary question is whether the petitioner’s conviction and sentence were void because of irregularity in the information.

In June, 1925, Alex James, the appellee, was tried and convicted by a jury in Shawnee county, Kansas, on a charge of murder in the first degree'. On July 11, 1925, he was sentenced to life imprisonment and was regularly committed to the Kansas State Penitentiary on February 2, 1926. He remained…