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KIRTDOLL v. STATE

No. 46,561

209 Kan. 508 (1972)

496 P.2d 1396

JAMES LEROI KIRTDOLL, Appellant, v. THE STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed May 6, 1972.

Attorney(s) appearing for the Case

Scott E. Jarvis, of Topeka, argued the cause and was on the brief for the appellant.

Gene M. Olander, County Attorney, argued the cause, and Vern Miller, Attorney General, was with him on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

This is an appeal from an order dismissing a motion of the appellant, James LeRoi Kirtdoll, filed pursuant to K.S.A. 60-1507.

Appellant was originally charged with the offense of assault with intent to kill under K.S.A. 21-431 (now K.S.A. 1971 Supp. 21-3410, 21-3414), and after trial to a jury he was found guilty of the lesser included offense of felonious assault under K.S.A. 21-435 (now K.S.A...

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