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NEIL v. STATE

No. 46,232

207 Kan. 212 (1971)

483 P.2d 1117

VICTOR EARL NEIL, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed April 10, 1971.

Attorney(s) appearing for the Case

Jack L. Lively, of Coffeyville, argued the cause and was on the brief for the appellant.

Richard Medley, County Attorney, argued the cause, and Kent Frizzell, Attorney General, was with him on the brief for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

The petitioner has appealed from an order in a proceeding under the provisions of K.S.A. 60-1507 denying a motion to vacate a judgment and sentence rendered after a conviction of burglary in the second degree and larceny.

Appellant's sole contention is that the prosecuting attorney's remarks to the jury in his closing argument were prejudicial and in violation of K.S.A. 62-1420.

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