(Download) "Trugillo v. Edmondson" by Supreme Court of Kansas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Trugillo v. Edmondson
- Author : Supreme Court of Kansas
- Release Date : January 08, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The opinion of the court was delivered by This is an original proceeding in habeas corpus. The petitioner
was convicted of murder in the first degree and his punishment
fixed at death. He was, pursuant to sentence, conveyed to the
state penitentiary at Lansing. On July 19, 1949, his sentence was
by the governor commuted to life imprisonment in the state
penitentiary. He is now held in that institution. On May 1, 1953, he filed this petition for a writ of habeas
corpus. He alleged that his conviction and sentence were void
because at the trial he was not represented by competent and
efficient counsel, was wrongfully advised as to what his attitude
should be at his trial and no defense to the charge was offered
in the trial on account of inefficiency of counsel; that the
sentence was void because the verdict was received by the court
but was not approved by it; during the same term the district
judge became dissatisfied with the verdict and stated he would
set it aside if the sentence was not commuted from death to life
imprisonment and the county attorney, the attorney for petitioner
at the trial, and the district judge, before whom the case was
tried, held a conference with the governor's counsel, in which an
agreement was reached between the district judge, the county
attorney, petitioner's attorney and the attorneys for the
governor, by which the sentence of death was commuted to life
imprisonment; that these proceedings denied petitioner due
process of law and by reason of such denial the judgment was
void. This petition was signed by counsel for the petitioner
other than the counsel that represented him at his trial for
murder. Attached to [176 Kan. 197]