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YURK v. STATE

No. 46,497

208 Kan. 946 (1972)

495 P.2d 87

FRANKLIN R. YURK, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed March 4, 1972.

Attorney(s) appearing for the Case

Darrel W. Frogley, of Kansas City, argued the cause and was on the brief for the appellant.

Nick A. Tomasic, Assistant County Attorney, argued the cause, and Vern Miller, Attorney General, and Frank D. Menghini, County Attorney, were with him on the the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

This is an appeal from an order denying petitioner's motion for post-conviction relief (K.S.A. 60-1507) after a full evidentiary hearing.

In December, 1967, petitioner and three other defendants were charged with armed robbery in the first degree pursuant to K.S.A. 21-527. At the end of December a preliminary hearing was held and the four defendants were bound over for trial. Petitioner was represented...

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