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MILLER v. STATE

No. 45,763

204 Kan. 223 (1969)

460 P.2d 501

FRED MILLER, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed November 8, 1969.

Attorney(s) appearing for the Case

Robert H. Waters, of Kansas City, argued the cause, and was on the brief for the appellant.

Frank D. Menghini, county attorney, argued the cause, and Kent Frizzell, attorney general, and Nick Tomasic, chief deputy county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is a proceeding for post conviction relief under K.S.A. 60-1507.

In March, 1949, appellant Fred Miller was found guilty by a jury of the offense of murder in the first degree. His motion for new trial was overruled and on March 26, 1949, he was sentenced to life imprisonment. Throughout trial appellant was represented by retained counsel. No direct appeal was taken from this conviction.

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