Whalen v. Cristell

The opinion of the court was delivered by

Parker, J.:

The petitioner has been confined in the jail of Labette county on a purported charge of bribery from the 8th day of February, 1946, to the 26th day of August, 1946, without preliminary examination or trial. He seeks relief in this' court through habeas corpus charging that he is now illegally and unlawfully deprived of his liberty by the respondent sheriff.

Respondent’s sole defense to the claim of illegal incarceration as made is that he holds petitioner in lawful custody by virtue of a duly and legally issued commitment executed by a…