STATE v. NELSON

No. 44,949

200 Kan. 411 (1968)

436 P.2d 885

STATE OF KANSAS, Appellee, v. REX D. NELSON, Appellant.

Supreme Court of Kansas.

Opinion filed January 27, 1968.


Attorney(s) appearing for the Case

Woody D. Smith, of Topeka, argued the cause, and Michael A. Barbara, of Topeka, was with him on the brief for the appellant.

Robert D. Hecht, 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

O'CONNOR, J.:

This is an appeal by the defendant, Rex D. Nelson, from an order of the district court denying his motion for discharge prior to imposition of sentence after having been convicted of the offense of first degree robbery.

The sole question for determination is whether or not the district court, by failing to pronounce sentence within five days after overruling defendant's motion for new trial, lost...

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