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BRIZENDINE v. STATE

No. 46,680

210 Kan. 241 (1972)

499 P.2d 525

LEROY BRIZENDINE, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed July 19, 1972.

Attorney(s) appearing for the Case

Philip L. Sieve, of Kansas City, argued the cause, and was on the brief for the appellant.

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

The opinion of the court was delivered by

PRAGER, J.:

This is an appeal from an order overruling the petitioner's motion to set aside his sentence and conviction pursuant to K.S.A. 60-1507, after a full evidentiary hearing.

On May 1, 1968, a gasoline service station in Wyandotte County, Kansas, was burglarized. Briefly the facts are that a Kansas City, Kansas, police officer, while cruising his district, noticed a window on the service station door...

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