Davis v. State

The opinion of the court was delivered by

ing instituted pursuant to K. S. A. 60-1507, wherein the trial court

Schroeder, J.:

This is an appeal by the petitioner in a proceed-The controlling question is whether the petitioner is entitled to maintain this action under the provisions of 60-1507, supra.

The petitioner was originally charged jointly with another on the 26th day of July, 1952, with grand larceny of an automobile alleged to have been committed on the 21st day of July, 1952. Preliminary hearing was waived and he was bound over for trial to the district court where an information was…