SMITH v. STATE

No. 44,389

195 Kan. 745 (1965)

408 P.2d 647

RALPH DILLON SMITH, Appellant, v. THE STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed December 11, 1965.


Attorney(s) appearing for the Case

W.C. Sullivan, of Phillipsburg, argued the cause and was on the brief for the appellant.

Richard H. Seaton, Assistant Attorney General, argued the cause, and Robert C. Londerholm, Attorney General, and Lowell F. Hahn, County Attorney, were with him on the brief for appellee.


The opinion of the court was delivered by

PRICE, J.:

This is an appeal from an order denying petitioner's second motion filed under the provisions of K.S.A. 60-1507 to vacate and set aside a judgment and sentence.

On January 10, 1958, petitioner, being twenty-two years of age, and with a prior criminal record, appeared before the district court of Phillips county charged with the offense of statutory rape. The nature of the charge was fully explained...

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