SMITH v. STATE

No. 44,809

199 Kan. 132 (1967)

427 P.2d 625

MYRON DEAN SMITH, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed May 13, 1967.


Attorney(s) appearing for the Case

Orville J. Cole, of Garnett, argued the cause and was on the brief for the appellant.

Wayne Loughridge, County Attorney, argued the cause, and Robert C. Londerholm, Attorney General, was with him on the brief for the appellee.


The opinion of the court was delivered by

SCHROEDER, J.:

By this action the petitioner, who is in custody of the Warden of the Kansas State Penitentiary serving sentences for the commission of crime, seeks to attack the validity of a judgment and sentence by proceeding under K.S.A. 60-260(b), since K.S.A. 60-1507 is inadequate and ineffective.

The trial court denied the petitioner's motion on the ground that 60-1507, supra, was the petitioner...

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