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Dunn v. Crouse

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eBook details

  • Title: Dunn v. Crouse
  • Author : Supreme Court of Kansas
  • Release Date : January 02, 1963
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 49 KB

Description

The opinion of the court was delivered by This is an appeal from an order of the district court of Leavenworth County denying a writ of habeas corpus. The petitioner is presently confined in the Kansas State Penitentiary upon a conviction of murder in the second degree. (G.S. 1949, 21-402.) On May 14, 1953, in the presence of his attorneys, Charles A. Vance and John F. Kaster, the defendant entered his plea of guilty on two counts of murder in the second degree. He was sentenced by the district court of Seward County to two concurrent terms of from 15 to 30 years imprisonment at hard labor in the Kansas State Penitentiary. The statutes under which the sentence was imposed were not set forth in the journal entry. The appellant contends his sentence is not authorized by law and was imposed in violation of G.S. 1949, 62-1521, the indeterminate sentence law, in effect at the time the appellant was sentenced. Appellant also contends that because the journal entry does not recite the statutes under which the sentence was imposed, the sentence is void.


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