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JARRELL v. STATE

No. 46,920

212 Kan. 171 (1973)

510 P.2d 127

ROBERT LEE JARRELL, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed May 12, 1973.

Attorney(s) appearing for the Case

Charles Jack Curtis, of Hays, argued the cause and was on the brief for appellant.

Don C. Staab, assistant county attorney, argued the cause, and Vern Miller, attorney general, and Simon Roth, Jr., county attorney, were with him on the brief for appellee.

The opinion of the court was delivered by

FATZER, C.J.:

This is an appeal from the overruling of a motion to vacate sentence filed pursuant to K.S.A. 60-1507. The appellant, Robert Lee Jarrell, raises three specifications of error — all of which raise the single contention that two of the charges against him were duplicitous and constitute double jeopardy under the Fifth Amendment to the United States Constitution and Section 10 of the Bill of Rights...

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