WHALEY v. STATE

No. 45,366

202 Kan. 175 (1968)

446 P.2d 397

SAMUEL B. WHALEY, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed November 9, 1968.


Attorney(s) appearing for the Case

Charles D. Anderson, of Wichita, argued the cause, and was on the brief for the appellant.

James Z. Hernandez, 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

O'CONNOR, J.:

This is an appeal from orders denying appellant's motion to vacate sentence and motion for rehearing, both seeking post-conviction relief, pursuant to K.S.A. 60-1507. Although counsel was appointed and presented appellant's motions in the district court, no evidence was adduced, and the motions were overruled.

Appellant complains the district court erroneously denied him a full evidentiary hearing...

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