Pyle v. Hudspeth
| Decision Date | 13 November 1948 |
| Docket Number | 37339. |
| Citation | 199 P.2d 469,166 Kan. 62 |
| Parties | PYLE v. HUDSPETH, Warden. |
| Court | Kansas Supreme Court |
Rehearings Denied Nov. 19, 1948 and Dec. 20, 1948.
Writ of Certiorari Denied Jan. 31, 1949.
See 69 S.Ct. 487.
Syllabus by the Court.
When in a habeas corpus proceeding a petitioner fails to establish legal grounds for his release from the state penitentiary his application for a writ will be denied.
Chas W. Lowder, of Kansas City, for petitioner.
Harold R. Fatzer, Asst. Atty. Gen. (Edward F. Arn, Atty. Gen., on the brief), for respondent.
In this proceeding B. A. Pyle, convicted by a jury of the crime of first degree murder and sentenced by the district court of Stafford county to serve a life term in the Kansas State Penitentiary for the commission of such offense, seeks a writ of habeas corpus directing his release from prison.
A careful review of the record and consideration of the argument advanced by counsel in petitioner's behalf on oral argument of the cause fails to reveal the existence of meritorious grounds for the relief sought. We have repeatedly held that prosecution by information instead of indictment (See Bailey v. Hudspeth, 164 Kan. 600, 191 P.2d 894) and failure of an information to set forth or specify the sections of the statute under which one accused of crime is charged and convicted (See Lang v. Amrine, 156 Kan 382, 133 P.2d 128 and Kanive v. Hudspeth, 165 Kan 658, 198 P.2d 162) do not afford legal grounds for the issuance of a writ. The same holds true of unsupported and uncorroborated statements of a petitioner to the effect he has been denied a fair and impartial trial and the right to be properly represented by counsel. Long v. Hudspeth, 164 Kan. 720, 192 P.2d 169 and Kanive v. Hudspeth, supra. In this jurisdiction such statements are never regarded as sufficient to set aside the authenticity of a recorded judicial proceeding. Cochran v. Amrine, 153 Kan. 777, 113 P.2d 1048; Bissell v. Amrine, 159 Kan. 358, 155 P.2d 413 certiorari denied, 324 U.S. 875, 65 S.Ct. 1013, 89 L.Ed. 1428; Downs v. Hudspeth, 162 Kan. 575, 178 P.2d 219;
Brandt v. Hudspeth, 162 Kan. 601, 178 P.2d 224. With particular reference to a situation where--as here--one of the petitioner's unsupported claims is that he was not properly represented by counsel. See Miller v. Hudspeth, 164 Kan. 688, 699, 192 P.2d 147.
One final contention requires consideration. It is that the journal entry of judgment fails to set out the section of the statute under which sentence was imposed and hence a writ should issue. Obviously, this claim is based upon a requirement of our present statute. G.S.1947 Supp. 62-1516. Even so the judgment would not be void or petitioner entitled to a writ. Wilson v. Hudspeth, 165 Kan. 666, 198 P.2d 165. However our decision on this point need not be based upon the foregoing premise. Petitioner was sentenced on ...
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Hartman v. Edmondson
...307, 308, 176 P.2d 254; Smith v. Hudspeth, 162 Kan. 361, 364, 176 P.2d 262; Long v. Hudspeth, 164 Kan. 720, 192 P.2d 169; Pyle v. Hudspeth, 166 Kan. 62, 199 P.2d 469, certiorari denied 336 U.S. 907, 69 S.Ct. 487, 93 L.Ed. 1072; Slater v. Hudspeth, 167 Kan. 111, 112, 204 P.2d 698; Strong v. ......
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...grounds that he is entitled to the writ. This rule has been repeated often in our reports. A few of the many cases are Pyle v. Hudspeth, 166 Kan. 62, 199 P.2d 469; White v. Hudspeth, 166 Kan. 63, 199 P.2d 518; Weaver v. Hudspeth, 166 Kan. 66, 199 P.2d 472; Miller v. Hudspeth, 166 Kan. 68, 1......
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... ... murder in the first degree. The statute in effect at the time ... of the trial did not require that any statute numbers be set ... forth in the information. See Lang v. Amrine, 156 ... Kan. 382, 388, 133 P.2d 128; Kanive v. Hudspeth, 165 ... Kan. 658, 198 P.2d 162; and Pyle v. Hudspeth, Kan., ... 199 P.2d 469 ... At the ... date of petitioner's trial the statute did not require ... that the journal entry of judgment state either the numbers ... of the statute under which he was charged or under which he ... was sentenced and his contention he was ... ...