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KINNELL v. STATE

No. 46,789

210 Kan. 785 (1972)

504 P.2d 161

DALE HOUSTON KINNELL, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed December 9, 1972.

Attorney(s) appearing for the Case

Daniel F. Meara, of Meara & Eichor, Fort Scott, was on the brief for appellant.

Vern Miller, attorney general, and Kenneth L. Briggs, county attorney, were on the brief for appellee.

MEMORANDUM OPINION

CRIMINAL LAW — Motion to Vacate Sentence — Abuse of Remedy.

Per Curiam:

This is an appeal by the petitioner in a proceeding instituted pursuant to K.S.A. 60-1507 from an order of the sentencing court dismissing the petition without a hearing and without appointing counsel for the petitioner.

The petitioner's original conviction in November, 1963, for the offenses of kidnapping in the first degree...

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