In re Charles

The opinion of the court was delivered by

Burch, J.:

The proceeding is one of habeas corpus. The petitioners were released from the penitentiary to enter the army of the United States for service in the world war. Long after they had been honorably discharged from the army, their release papers were revoked for breach of condition subsequent, and they were arrested and were returned to tfyg.penitentiary for confinement during the unexpired portions of their terms. The petitioners contend they were discharged unconditionally.

In the year 1918, the inmates of the Kansas state penitentiary…