DAVIS v. STATE

No. 45,424

202 Kan. 192 (1968)

446 P.2d 830

DONALD EUGENE DAVIS, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed November 9, 1968.


Attorney(s) appearing for the Case

Thomas M. Dawson, of Leavenworth, argued the cause and was on the briefs for the appellant.

James N. Snyder, Jr., Assistant County Attorney, argued the cause, and Joseph J. Dawes, Jr., County Attorney, was with him on the briefs for the appellee.


The opinion of the court was delivered by

KAUL, J.:

This is an appeal in a proceeding instituted pursuant to K.S.A. 60-1507, wherein the trial court, after an evidentiary hearing, denied relief on the grounds that, despite an adjudication invalidating the sentence attacked, petitioner would still be confined under another sentence. Issues raised by petitioner in his motion were not determined by the trial court.

At the time of the hearing before the...

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