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SHORES v. STATE

No. 44,312

195 Kan. 705 (1965)

408 P.2d 608

JAMES W. SHORES, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed December 11, 1965.

Attorney(s) appearing for the Case

James W. Paddock, of Lawrence, argued the cause, and was on the brief for the appellant.

Ralph M. King, Jr., county attorney, argued the cause, and Robert C. Londerholm, attorney general, and Daniel A. Young, assistant county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

O'CONNOR, J.:

This action was instituted under K.S.A. 60-1507 by the appellant, James W. Shores, hereinafter referred to as petitioner, a prisoner in custody under sentence of the district court of Douglas county, claiming the right to be released upon the grounds the sentence was imposed in violation of his constitutional rights and said court was without jurisdiction to impose such sentence.

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