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TATE v. STATE

No. 44,447

196 Kan. 435 (1966)

411 P.2d 661

JAMES RICHARD TATE, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed March 5, 1966.

Attorney(s) appearing for the Case

Reuben E. Weatherford, Jr., of Independence, argued the cause, and was on the brief for the appellant.

Monte K. Heasty, assistant county attorney, argued the cause, and Robert C. Londerholm, attorney general, and B.D. Watson, county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

O'CONNOR, J.:

This is an appeal from an order of the district court of Montgomery county denying appellant's motion filed under the provisions of K.S.A. 60-1507 to vacate and set aside a judgment and sentence. Hereinafter appellant will be referred to as petitioner or Tate.

The facts necessary for disposal of the appeal are as follows: Tate and Joseph Newman were arrested on a warrant charging them with first...

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