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CARTER v. STATE

No. 44,884

199 Kan. 290 (1967)

428 P.2d 758

WALTER CARTER, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed June 10, 1967.

Attorney(s) appearing for the Case

Kirke C. Veeder, of Independence, argued the cause and was on the brief for the appellant.

Monte K. Heasty, 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

FROMME, J.:

Walter Carter is serving a sentence in the Kansas State Penitentiary for the forcible rape of his thirteen year old daughter. After conviction by a jury he prosecuted an appeal to this court. His conviction was affirmed in State v. Carter, 192 Kan. 440, 388 P.2d 594.

The prisoner then filed a motion to vacate judgment and...

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