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PIERSON v. STATE

No. 46,578

210 Kan. 367 (1972)

502 P.2d 721

CHARLES L. PIERSON, Appellee, v. STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed November 4, 1972.

Attorney(s) appearing for the Case

James A. Wheeler, County Attorney, argued the cause, and Vern Miller, Attorney General, and David H. Zook, Assistant County Attorney, were with him on the brief for the appellant.

Joseph Anderson, of Mission, argued the cause, and was on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is an appeal by the state in a post-conviction proceeding filed pursuant to K.S.A. 60-1507. With the exception of a very narrow area the facts are not greatly in dispute and are substantially as follows: On August 9, 1964, an armed robbery took place in the home of Ralph Pellow, Overland Park, Kansas. The robber took by force from Mr. Pellow a valuable coin collection, articles of clothing, various...

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