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STATE v. NEAL

No. 39,143

175 Kan. 597 (1954)

265 P.2d 1034

STATE OF KANSAS, Appellee, v. HARRY NEAL, Appellant.

Supreme Court of Kansas.

Opinion filed January 23, 1954.

Attorney(s) appearing for the Case

Edward Rooney, of Topeka, argued the cause, and Jacob A. Dickinson, David Prager and William M. Dimmitt, Jr., all of Topeka, and Don Wyman and Duane Roberts, both of Hutchinson, were with him on the briefs for the appellant.

John R. Alden, of Hutchinson, argued the cause and Fred C. Preble, of Hutchinson, and Harold R. Fatzer, attorney general, were with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This is an appeal from an order of the district court refusing to permit a defendant in a criminal case to withdraw his plea of guilty.

Defendant pleaded guilty to assault with intent to kill on March 14, 1953. On March 17 he through different counsel filed a motion in which he asked the trial court to permit him to withdraw this plea. Before this motion...

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