Szopenske v. Hand

The opinion of the court was delivered by

Fatzer, J.:

This is an original proceeding in habeas corpus. Petitioner was convicted in the district court of Harvey County for the crime of burglary in the second degree and was sentenced on February 11, 1957, to confinement in the Kansas State Penitentiary for a term of fifteen years as an habitual criminal pursuant to G. S. 1949, 21-107a.

On January 10, 1957, an information was filed in the district court of Harvey County charging petitioner in two counts, burglary in the second degree, and larceny, respectively (G. S. 1949, 21-520, 21-523, 21-524).…