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PALMER v. STATE

No. 44,737

199 Kan. 73 (1967)

427 P.2d 492

ROBERT L. PALMER, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed May 13, 1967.

Attorney(s) appearing for the Case

Albert S. Teed, of Hutchinson, argued the cause and was on the brief for the appellant.

Richard J. Rome, County Attorney, argued the cause, and Raymond F. Berkley, Assistant County Attorney, and Matthew J. Dowd, Assistant County Attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

Robert L. Palmer is now in custody of the warden at the state penitentiary at Lansing, Kansas. He was tried and convicted of the crime of burglary in the second degree and received a sentence under the Habitual Criminal Act. (G.S. 1949, 21-107a, now K.S.A. 21-107a.)

Mr. Palmer now appeals from a judgment of the District Court of Reno County summarily denying his motion to vacate filed pursuant to...

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