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BYRD v. STATE

No. 44,279

196 Kan. 466 (1966)

413 P.2d 61

SAM BYRD, JR., Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed April 9, 1966.

Attorney(s) appearing for the Case

R.H. Foerschler, of Kansas City, argued the cause, and was on the brief for the appellant.

Leo J. Moroney, County Attorney, argued the cause, and Robert C. Londerholm, Attorney General, and William L. Roberts, Assistant County Attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

On March 22, 1963, the petitioner, Sam Byrd, Jr., entered a plea of guilty to second-degree burglary and was sentenced to the Kansas State Penitentiary for not less than five nor more than ten years. Throughout those proceedings the petitioner was represented by court-appointed counsel, concerning whose competency no question is raised.

Thereafter, the petitioner filed a motion, pursuant to K.S...

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