in re Phillips

The opinion of the court was delivered by

Harvey, C. J.:

This is an original proceeding in habeas corpus. Briefly stated, the petition filed by plaintiff, the answer of the respondent which includes a copy of the journal entry and the proceedings in the trial court, and the stipulated facts, disclose the *24following: The petitioner was duly charged by information filed in the district court of Shawnee county, third division, of the burglary in the nighttime of a drugstore and the stealing therefrom of numerous described items of merchandise and a small amount of money, all alleged to be of the…