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ROBERTSON v. STATE

No. 45,929

206 Kan. 320 (1970)

478 P.2d 196

HOWARD B. ROBERTSON, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed December 12, 1970.

Attorney(s) appearing for the Case

Charles E. Orcutt, of Snyder and Orcutt, of Hutchinson, argued the cause and was on the brief for appellant.

Raymond F. Berkley, County Attorney, argued the cause and Kent Frizzell, Attorney General, Kerry J. Granger and Larry A. Bolton, Assistant County Attorneys, were with him on the brief for appellee.

The opinion of the court was delivered by

FROMME, J.:

On October 31, 1967, Howard B. Robertson was sentenced as an habitual criminal for a period of not less than thirty years. He was tried and convicted of robbery in the first degree. The judgment and sentence were affirmed on a direct appeal in State v. Robertson, 203 Kan. 647, 455 P.2d 570. Robertson thereafter filed a motion for...

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