Christensen v. State

The opinion of the court was delivered by

Smith, J.:

This is an original action in habeas corpus. The respondent filed an answer to the petition and the cause was orally argued and finally submitted on the question of whether a writ should issue and petitioner be ordered released from custody.

The petition grows out of the prosecution of petitioner for murder in the first degree. The prosecution has here been dealt with twice before. (See State v. Christensen, 165 Kan. 585, 195 P. 2d 592; also State v. Christensen, 166 Kan. 152, 199 P. 2d 475.)

The undisputed facts as they appear from the…