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KELSEY v. STATE

No. 44,148

194 Kan. 668 (1965)

400 P.2d 736

EMORY KELSEY, Appellee, v. STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed April 10, 1965.

Attorney(s) appearing for the Case

Richard H. Seaton, Assistant Attorney General, argued the cause, and Robert C. Londerholm, Attorney General, was with him on the brief for the appellant.

No appearance for the appellee.

The opinion of the court was delivered by

PRICE, J.:

Plaintiff, a prisoner in the state penitentiary, brought this proceeding under the provisions of K.S.A. 60-1507, to correct his sentence.

The state has appealed from an order granting relief.

The background of the matter is this:

On October 27, 1953, in the district court of Neosho county, plaintiff, being represented by county appointed counsel, was, on

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