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AEBY v. STATE

No. 44,800

199 Kan. 123 (1967)

427 P.2d 453

BENNY AEBY, Appellant, v. THE STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed May 13, 1967.

Attorney(s) appearing for the Case

Clarence Bender, of Hays, argued the cause and was on the brief for the appellant.

Steven P. Flood, county attorney, argued the cause, and Robert C. Londerholm, attorney general, and Don C. Staab, former county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This postconviction proceeding involves legality of the sentences imposed on appellant. When the case was here upon direct appeal (State v. Aeby, 191 Kan. 333, 381 P.2d 356) the particular questions now at issue were not presented or raised.

Upon jury trial appellant was convicted on two counts (counts one and three) of burglary...

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