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STATE v. TALBERT

No. 44,185

195 Kan. 149 (1965)

402 P.2d 810

STATE OF KANSAS, Appellee, v. JOHN CHARLES TALBERT, Appellant.

Supreme Court of Kansas.

Opinion filed June 12, 1965.

Attorney(s) appearing for the Case

Jack L. Lively, of Coffeyville, argued the cause and was on the brief for the appellant.

Monte K. Heasty, Assistant County Attorney, argued the cause, and Robert C. Londerholm, Attorney General, and B.D. Watson, County Attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a proceeding instituted pursuant to K.S.A. 60-1507, in which the district court of Montgomery County, Kansas, denied the petitioner's motion for discharge from the Kansas State Penitentiary. Appeal has been duly perfected.

The questions presented are: (1) Whether the petitioner, an indigent, was entitled to court-appointed counsel at his preliminary

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