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BURNETT v. STATE

No. 44,685

199 Kan. 362 (1967)

429 P.2d 923

CHARLES E. BURNETT, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed July 12, 1967.

Attorney(s) appearing for the Case

Robert R. Arnold, of Wichita, argued the cause and was on the brief for the appellant.

R.K. Hollingsworth, deputy county attorney, argued the cause and Robert C. Londerholm, attorney general, and Keith Sanborn, county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is a proceeding for post conviction relief under K.S.A. 60-1507.

Appellant Charles E. Burnett was found guilty by a jury of the offense of second degree burglary. Upon a showing of two prior convictions of felony, he was on September 2, 1960, sentenced pursuant to the habitual criminal act (now K.S.A. 21-107a) to confinement in the penitentiary for life. Thereafter he appealed pro se

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