Browning v. Hand, 41283
| Citation | 336 P.2d 409,184 Kan. 365 |
| Decision Date | 07 March 1959 |
| Docket Number | No. 41283,41283 |
| Parties | Arley C. BROWNING, Petitioner, v. Tracy A. HAND, Warden, Kansas State Penitentiary, Lansing, Kansas, Respondent. |
| Court | United States State Supreme Court of Kansas |
Syllabus by the Court
In an original proceeding in habeas corpus the record is examined and considered and it is held: Petitioner having shown no ground for his release, the application is denied.
Arley C. Browning was on the brief pro se.
John A. Emerson, Asst. Atty. Gen., argued the cause, and John Anderson, Jr., Atty. Gen., was with him on the brief, for respondent.
This an an original proceeding in habeas corpus in which petitioner seeks his release from the state penitentiary.
Following petitioner's conviction in the district court of Sedgwick County he appealed to this court. We affirmed, and our decision is found in State v. Browning, 182 Kan. 244, 320 P.2d 844. Petitioner then appealed to the Supreme Court of the United States, and that court, on May 19, 1958, per curiam, dismissed the appeal (356 U.S. 583, 78 S.Ct. 1002, 2 L.Ed.2d 1063).
The seven separate offenses of which petitioner was convicted, and for which he was sentenced, are set out in our former decision. Having twice previously been convicted of a felony, the trial court sentenced petitioner under the habitual criminal statute (G.S.1949, 21-107a), which provides that if a person be convicted a third time of felony he shall be confined in the penitentiary for a period of not less than fifteen years, and under G.S.1949, 21-109, which provides that whenever an offender is declared by law punishable by confinement and hard labor for a term not less than any specified number of years and no limit to the duration of such imprisonment or confinement is declared, he may be sentenced to imprisonment during his natural life.
On one count of first degree robbery petitioner was sentenced to life imprisonment. On each of three other counts of first degree robbery he was sentenced to confinement for fifteen years. On the count of attempted first degree robbery he was sentenced to confinement for fifteen years. On each of two counts of violation of the firearms law he was sentenced to confinement for a period of not less than one nor more than five years. The sentences were ordered to run concurrently.
In the proceeding before us petitioner makes several contentions.
One is that the trial court erred in consolidating for trial the two information filed against him. Assuming, solely for the sake of argument, the point may be raised in a habeas corpus proceeding, the question has been answered adversely to petitioner's contention by our former decision in his appeal. (See syl. 1 of that opinion.)
Next, it is contended that one of the informations was defective in that it was vague and indefinite. This clearly is without merit, and furthermore, the established rule is that the sufficiency of an information may not be raised or considered in a habeas corpus proceeding. Barrett v. Hand, 181 Kan. 916, 918, 317 P.2d 412; Peay v. Hand, 184 Kan. 182, 334 P.2d 369.
It next is contended that petitioner's constitutional rights were violated because he was proceeded against by information rather than by indictment by grand jury. There is no merit to this contention. See Bailey v....
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State v. Armstrong
...corrected by a nunc pro tunc order. Such a correction has been allowed in cases involving K.S.A. 62-1516 (Corrick). Browning v. Hand, 184 Kan. 365, 366, 336 P.2d 409 (1959), cert. denied 361 U.S. 926, 80 S.Ct. 295, 4 L.Ed.2d 240 (1960) (journal entry which failed to contain recital of detai......
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City of Wichita v. Lucero, 69839
... ... The validity of 21-107a has been upheld in many of our decisions. (Browning v. Hand, 184 Kan. 365, 336 P.2d 409, cert. den. 361 U.S. 926, 4 L.Ed.2d 240, 80 S.Ct. 295; State ... ...
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Bush v. State
...804, cert. den. Moses v. Hand, 368 U.S. 863, 82 S.Ct. 110, 7 L.Ed.2d 61; Converse v. Hand, 185 Kan. 112, 340 P.2d 874, and Browning v. Hand, 184 Kan. 365, 336 P.2d 409, cert. den. 361 U.S. 926, 80 S.Ct. 295, 4 L.Ed.2d The state admits the journal entry does not correctly reflect the judgmen......
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Browning v. Hand, 6464.
...but apparently the petitioner did not assert denial of due process because of insufficient notice of the hearing. Browning v. Hand, 184 Kan. 365, 336 P.2d 409, certiorari denied 361 U.S. 926, 80 S.Ct. 295, 4 L.Ed.2d 240. One convicted of a felony in Kansas is entitled to notice of the heari......