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HENSLEY v. STATE

No. 44,935

199 Kan. 728 (1967)

433 P.2d 344

AUGUST C. HENSLEY, Appellant, v. THE STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed November 13, 1967.

Attorney(s) appearing for the Case

Forrest E. Short, of Fort Scott, argued the cause, and Joel B. Short, of Fort Scott, was with him on the brief for the appellant.

Charles M. Warren, 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

HARMAN, C.:

This is an appeal from an order denying post-conviction relief.

Appellant-petitioner, upon his plea of guilty, was convicted July 2, 1951, of the crime of bank robbery, and received the statutory sentence (G.S. 1949 [now K.S.A.] 21-531). Still confined in the penitentiary under this sentence, he filed in the sentencing court his motion to vacate the judgment pursuant to K.S.A. 60-1507.

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