Devault v. Sampson

The opinion of the court was delivered by

Hopkins, J.:

Clyde Devault seeks a release from the custody of the respondent, A. D. Sampson, sheriff of Doniphan county, on the ground that his commitment was based on void proceedings, because had on Sunday.

The petitioner was arrested on October 21, 1923, charged with the killing and stealing, taking and carrying away, of two chickens. He was brought before a justice of the peace at Highland, Kansas; was arraigned; entered a plea of guilty; was sentenced to sixty days in jail and to pay a fine of twenty-five dollars and costs; to stand committed to…