KOWALEC v. STATE

No. 46,438

208 Kan. 651 (1972)

493 P.2d 244

DAVID THOMAS KOWALEC, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed January 22, 1972.


Attorney(s) appearing for the Case

Michael G. Norris, of Payne and Jones, Chartered, Olathe, argued the cause and was on the brief for the appellant.

James A. Wheeler, 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

FOTH, C.:

Appellant, an inmate of the state penitentiary, filed a motion under K.S.A. 60-1507 to vacate his sentence which had been imposed upon his conviction of burglary in the second degree and larceny in connection therewith. The sole ground urged in his motion as invalidating his conviction was the admission into evidence at his trial of certain items taken from his car as the result of what he claims was an illegal...

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