Public-domain · open source
OpenJurist

165 Kan. 625

Petty v. Hudspeth

Supreme Court of Kansas

Decided October 9, 1948

Supreme Court of Kansas · decided 1948-10-09

Relies on Bailey v. Hudspeth

Decided 1948-10-09

¶1The opinion of the court was delivered by

Smith, J.:

¶2This is a habeas corpus action in which petitioner is confined in the penitentiary at Lansing. He seeks his release.

¶3His first argument is that he was denied the right to be indicted by a grand jury. We disposed of that argument in the case of Bailey v. Hudspeth, 164 Kan. 600, 191 P. 2d 894. (See, also, Cox v. Hudspeth, post, p. 671, this day decided.)

¶4Petitioner next argues that he was denied the right to counsel. This is a right which may be waived. The stenographic transcript of the proceedings at the time he was sentenced show without a doubt he did waive it knowingly.

¶5Petitioner also argues he was coerced into pleading guilty, but the argument as to his denial to right of counsel applies to that.

¶6The writ is denied.

/165/kan/625 · .json · Public domain