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ROBERTS v. STATE

No. 44,195

197 Kan. 687 (1966)

421 P.2d 48

HARRY ROBERTS, JR., Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed December 10, 1966.

Attorney(s) appearing for the Case

Larry Kirby, of Wichita, argued the cause, and was on the brief for the appellant.

R.K. Hollingsworth, 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

O'CONNOR, J.:

This K.S.A. 60-1507 proceeding was instituted by the appellant (hereinafter referred to as the petitioner) in Sedgwick county district court. From the court's order denying his motion, the petitioner has appealed.

The primary question presented is whether or not in a criminal prosecution wherein the original sentence of imprisonment has been vacated and...

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