Fitzgerald v. Amrine

The opinion of the court was delivered by

Smith, J.:

This is a petition for a writ of habeas corpus by an inmate of the state penitentiary who seeks to be released from imprisonment.

The petitioner was tried in the district court of Shawnee county in January, 1940, on an information charging him with selling unregistered securities, and containing six counts. Petitioner was found guilty on five of the counts and acquitted on one count, the second. On February 7, 1940, after the court had overruled petitioner’s motion for a new trial, the court passed sentence on petitioner. The crime of which…