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In re Rutledge

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eBook details

  • Title: In re Rutledge
  • Author : Supreme Court of Kansas
  • Release Date : January 13, 1954
  • 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 and judgment denying an
application for a writ of error coram nobis. On December 1948 plaintiff, Ralph D. Rutledge, who was
represented by counsel, entered a plea of guilty to burglary in
the second degree and grand larceny as charged in an information
which had been filed against him in the district court of Greeley
County, Kansas. Following proof by the state of four previous
convictions of felonies the judge of such court sentenced him to
confinement at hard labor in the Kansas State Penitentiary,
pursuant to G.S. 1947 Supp., 21-107a, for the rest of his natural
life. No motion for new trial was filed and there was no appeal
from that judgment. Some five years after being confined in the
penitentiary, pursuant to such sentence, plaintiff filed an
application in the district court of Greeley County for a writ of
error coram nobis. Thereafter, and on February 4, 1954, this
application came on for hearing before the judge of that court
and was ultimately denied. Thereupon, having sought and obtained
permission to bring his cause to this court without the
advancement of the fee required by Rule 2, plaintiff perfected
the instant appeal.


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