Tibbett v. Hand

The opinion of the court was delivered by This is an appeal in a habeas corpus action by the petitioner
from an order of the district court of Leavenworth County,
Kansas, denying the petitioner's writ. The appellant is presently confined in the Kansas State
Penitentiary pursuant to the order of the district court of
Finney County, Kansas, entered on the 20th day of December, 1957,
wherein he was sentenced to a term of not more than ten years on
each of two counts of second degree forgery. On May 8, 1959, the
appellant filed a petition for a writ of habeas corpus in the
district court of Leavenworth County, Kansas. The matter was
heard on the 20th day of May, 1959, at which time the writ was
denied and the appellant remanded to the custody of the Warden of
the Kansas State Penitentiary, appellee. Thereafter, appellant
perfected this appeal.