Tafarella v. Hand

The opinion of the court was delivered by

Parker, C. J.:

This is a habeas corpus proceeding in which the warden of the Kansas state penitentiary appeals from an order and judgment of the district court of Leavenworth County granting the petitioner, Leo Tafarella, a writ of habeas corpus and directing his release from the warden’s custody.

There is no dispute respecting the basic facts responsible for petitioners detention. According to the record presented he was charged by information in the district court of Crawford County with the crime of first degree murder, jointly with Roy Ramsey and…