COX v. STATE

No. 44,588

197 Kan. 395 (1966)

416 P.2d 741

EDDIE D. COX, Appellee, v. STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed July 14, 1966.


Attorney(s) appearing for the Case

Richard H. Seaton, Assistant Attorney General, argued the cause, and Robert C. Londerholm, Attorney General, and R. Edgar Johnson, County Attorney, were with him on the briefs for appellant.

Richard F. Waters, of Junction City, argued the cause and was on the briefs for the appellee.


The opinion of the court was delivered by

KAUL, J.:

This is an appeal by the state in a proceeding initiated pursuant to K.S.A. 60-1507 wherein the trial court vacated and set aside the sentence which it had originally imposed and ordered the appellee's discharge from the Kansas State Penitentiary.

The appellee, hereinafter referred to as petitioner, while confined in the penitentiary filed the motion now under consideration in the district court of...

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