Berger v. Hand

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal in a habeas corpus action from an order of the district court of Leavenworth County, Kansas, entered on the 6th day of December, 1961, which denied the appellant’s release from custody in the State Penitentiary in Lansing, Kansas.

The question presented is whether the appellant was denied either equal protection of the laws or due process of law. On the 22nd day of August, 1959, the appellant appeared before the district court of Montgomery County, Kansas, and entered a plea of guilty to each of the two counts in the…