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FAIRBANKS v. STATE

No. 44,376

196 Kan. 650 (1966)

413 P.2d 985

WALTER B. FAIRBANKS, Appellant, v. THE STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed May 7, 1966.

Attorney(s) appearing for the Case

T.L. O'Hara, of Wichita, argued the cause and was on the brief for the appellant.

Tyler C. Lockett, Deputy County Attorney, argued the cause, and Robert C. Londerholm, Attorney General, and Keith Sanborn, County Attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

This is an appeal by the plaintiff, Walter B. Fairbanks, from a judgment overruling his motion to vacate a sentence imposed against him on July 26, 1963.

The facts are not in serious dispute. In January 1963, the plaintiff, with others, was charged with burglary in the second degree, atempted larceny and illegal possession of burglary tools. On July 17, 1963, at which time he was represented by...

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