Cunningham v. Hoffman

The opinion of the court was delivered by

Wertz, J.:

This is an original proceeding in habeas corpus. The petition for the writ, in substance, alleged that petitioner is being held, illegally and restrained by respondent A. H. Hoffman, Warden of the Kansas State Penitentiary, in direct violation of his constitutional rights. Petitioner contends (1) that the second amended information upon which he was tried was not the charge upon which he had a preliminary hearing; (2) that the charge contained in the information, as amended, and upon which he was tried and convicted is not consistent with the…