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RODGERS v. STATE

No. 44,683

197 Kan. 622 (1966)

419 P.2d 828

DAVID ROBERT RODGERS, JR., Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed November 5, 1966.

Attorney(s) appearing for the Case

Russell Shultz, of Wichita, argued the cause, and was on the brief for the appellant.

Charles N. Henson, Assistant Attorney General, argued the cause, and Robert C. Londerholm, Attorney General, and Richard H. Seaton, Assistant Attorney General, were on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

The appellant, David Robert Rodgers, Jr., referred to herein as petitioner, filed a motion to vacate the sentence imposed upon him by the district court of Ford county, Kansas. The motion was filed under K.S.A. 60-1507 and appeal is taken from the order summarily denying relief.

We do not have the benefit of a transcript of evidence or of the findings of the trial court upon which the cursory order...

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