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JOHNSON v. STATE

No. 45,173

200 Kan. 708 (1968)

438 P.2d 96

CLYDE W. JOHNSON, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed March 9, 1968.

Attorney(s) appearing for the Case

David Mullies, of Fort Scott, argued the cause and was on the briefs 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

KAUL, J.:

This is an appeal by the petitioner, Clyde W. Johnson, from an order of the district court of Bourbon County denying relief in a proceeding instituted pursuant to K.S.A. 60-1507.

Respective counsel have stipulated the pertinent facts and record on appeal in substance as follows.

On October 4, 1965, petitioner was charged with murder in the first degree (K.S.A. 21-401). Petitioner was brought...

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