McGEE v. STATE

No. 45,059

200 Kan. 188 (1967)

434 P.2d 841

FRANK McGEE, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed December 9, 1967.


Attorney(s) appearing for the Case

Tom Boone, of Leavenworth, argued the cause and was on the briefs for the appellant.

James N. Snyder, Jr., Assistant County Attorney, argued the cause, and Joseph J. Dawes, Jr., County Attorney, was with him on the briefs for the appellee.


The opinion of the court was delivered by

HATCHER, C.:

This was a proceeding under K.S.A. 60-1507 by which the petitioner sought to have a conviction of burglary in the second degree and a sentence of five to ten years vacated and set aside.

The petitioner was convicted of burglary in the second degree and given a sentence of five to ten years in the state penitentiary on May 5, 1961. He was later convicted of escape without breaking and given a sentence...

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