PRESCHER v. STATE

No. 45,949

205 Kan. 636 (1970)

471 P.2d 349

JAMES R. PRESCHER, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed June 25, 1970.


Attorney(s) appearing for the Case

Dean McIntyre, of Abilene, argued the cause and was on the brief for appellant.

Max M. Hinkle, 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

FROMME, J.:

James R. Prescher appeals from an order denying relief under K.S.A. 60-1507.

In 1963 he was convicted of murder in the second degree and sentenced to not less than ten nor more than twenty-five years in the penitentiary.

The journal entry recited:

"IT IS THEREFORE, BY THE COURT, CONSIDERED, ORDERED, ADJUDGED AND DECREED That the Defendant, James Prescher, be and he is hereby found...

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