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ZUMALT v. STATE

No. 44,243

195 Kan. 520 (1965)

407 P.2d 234

JACK D. ZUMALT, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed November 6, 1965.

Attorney(s) appearing for the Case

Dennis O. Smith, of Hutchinson, argued the cause and was on the briefs for the appellant.

Lane H. Cronhardt, Assistant County Attorney, of Hutchinson, argued the cause, and Richard J. Rome, County Attorney, and Raymond F. Berkley, Assistant County Attorney, of Hutchinson, were with him on the briefs for the appellee.

The opinion of the court was delivered by

FATZER, J.:

On November 10, 1964, the appellant, Jack D. Zumalt, filed his motion in the district court of Reno, County, Kansas, pursuant to K.S.A. 60-1507 and Rule No. 121 (194 Kan. XXVII), to vacate and set aside the judgment of that court finding him guilty of first degree robbery in criminal case No. 6163, and sentencing him to confinement in the Kansas State Penitentiary for a term of not exceeding twenty years...

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