Stilwell v. Markham

The opinion of the court was délivered by

Sloan, J.:

This is an action for a writ of habeas corpus. The trial court granted the writ, and the sheriff appeals.

The facts are as follows: On the 14th day .of February, 1930, the defendant was arrested by the sheriff of Woodson county on a warrant issued by George Withers, a justice of the peace of the city of Yates Center, Woodson county. The defendant was charged with three counts: First, that on the 13th day of February, 1930, in the county of Woodson and state of Kansas, he then and there unlawfully had in his possession intoxicating liquors.…