SMITH v. STATE

No. 44,448

196 Kan. 438 (1966)

411 P.2d 663

DUANE A. SMITH, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed March 5, 1966.


Attorney(s) appearing for the Case

Theodore M. Metz, of Lincoln, argued the cause and was on the briefs for the appellant.

Richard W. Wahl, Special County Attorney, argued the cause, and Robert C. Londerholm, Attorney General, was with him on the briefs for the appellee.


The opinion of the court was delivered by

PARKER, C.J.:

This is an appeal from an order and judgment of the district court of Lincoln County denying appellant's motion under K.S.A. 60-1507 to vacate and set aside a prior judgment and sentence of that court in a criminal action.

There is no dispute between the parties as to the facts controlling the questions raised by the appeal. They appear from an agreed...

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