Wagner v. Edmondson

The opinion of the court was delivered by

Thiele, J.:

Karl A. Wagner filed his petition in the district court of Leavenworth county for a writ of habeas corpus to secure his release from the state penitentiary. The writ was denied and he has appealed to this court.

Petitioners contentions, later discussed, are better understood if the facts which are not in dispute, are first told.

On July 22, 1946, Wagner was convicted in the United States District Court of Kansas of violating the Dyer Act, and was sentenced to prison for a term of five years. He was released and was later convicted in the city…