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EATON v. STATE

No. 45,705

204 Kan. 222 (1969)

460 P.2d 447

JACK C. EATON, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed November 8, 1969.

Attorney(s) appearing for the Case

Jerry R. Palmer, of Topeka, argued the cause, and was on the brief for appellant.

Gene M. Olander, County Attorney, argued the cause, and Kent Frizzell, Attorney General, was with him on the brief for appellee.

The opinion of the court was delivered by

FATZER, J.:

This appeal is from an order overruling the appellant's motion (K.S.A. 60-1507) to set aside a sentence imposed for conviction of escaping from jail. Having been convicted of two prior felonies, the appellant was sentenced to life imprisonment under the Habitual Criminal Act. (K.S.A. 21-107a.) The judgment and sentence were affirmed by this court in State v. Eaton, 199 Kan. 610

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