Van Dusen v. State

The opinion of the court was delivered by This is an appeal from an order denying appellant post conviction relief. On October 21, 1958, appellant was arrested upon a warrant issued by the county court of Allen county, Kansas, charging one count of burglary in the first degree and larceny in connection therewith and one count of burglary in the second degree and larceny in connection therewith. In each instance the property alleged to have been stolen consisted of women's underwear. Appellant requested preliminary hearing upon these charges. Such preliminary hearing was set for November 12, 1958, at which time appellant appeared with his retained counsel, a member of the Allen county bar, and waived preliminary hearing and was bound over for trial in the district court of Allen county.