The opinion of the court was delivered by
HATCHER, C.:
This was a proceeding to vacate and set aside a sentence under the provisions of K.S.A. 60-1507.
On March 8, 1962, the petitioner was convicted of burglary in the second degree as defined by G.S. 1959 Supp., 21-520 and larceny as defined by G.S. 1949, 21-524. After due notice the petitioner was sentenced under G.S. 1949, 21-107a as an habitual criminal. (Statutory designation now K.S.A....
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