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THOMAS v. STATE

No. 45,988

206 Kan. 529 (1971)

479 P.2d 897

EARL RAY THOMAS, Appellee, v. STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed January 23, 1971.

Attorney(s) appearing for the Case

Edward G. Collister, Jr., Assistant Attorney General, argued the cause, and Kent Frizzell, Attorney General, was with him on the brief for the appellant.

M.C. Slough, of St. Marys, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal by the state from an order of the district court in a proceeding under K.S.A. 60-1507 vacating the conviction and sentence of the petitioner, and ordering his discharge from the state penitentiary because of delay in bringing him to trial on a charge of robbery.

On October 30, 1961, in the District Court of Jackson County, Kansas, petitioner was convicted of robbery in the first...

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