BARNES v. STATE

No. 45,721

204 Kan. 344 (1969)

461 P.2d 782

ROBERT E. LEE BARNES, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed December 6, 1969.


Attorney(s) appearing for the Case

Gerald W. Scott, of Wichita, argued the cause, and Don Matlack, also of Wichita, was with him on the brief for the appellant.

Richard K. Hollingsworth, Deputy County Attorney, argued the cause, and Kent Frizzell, Attorney General, and Keith Sanborn, County Attorney, were with him on the brief for the appellee.


The opinion of the court was delivered by

SCHROEDER, J.:

This is a proceeding instituted pursuant to K.S.A. 60-1507 to vacate a judgment and sentence to life imprisonment upon the defendant's conviction of murder in the first degree in the year 1956. Appeal has been duly perfected from the refusal of the trial court to grant relief.

The underlying questions are whether a confession made by the appellant while in custody and prior to trial was properly...

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