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STATE v. KELLY

No. 47,097

213 Kan. 237 (1973)

515 P.2d 1030

STATE OF KANSAS, Appellee, v. R.O. KELLY, Appellant.

Supreme Court of Kansas.

Opinion filed November 3, 1973.

Attorney(s) appearing for the Case

A.J. Focht, of Smith, Shay, Farmer and Wetta, of Wichita, argued the cause, and Paul V. Smith, of the same firm, was on the brief for the appellant.

Keith Sanborn, district attorney, argued the cause, and Vern Miller, attorney general, and Stephen M. Joseph, of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

In this case R.O. Kelly, the appellant, is seeking to set aside a 1960 conviction he suffered in the Sedgwick county court of common pleas. He wants, he says, a trial de novo. His current demand to face his accusers, asserted for the first time more than a decade after his conviction, is the substance of this law suit.

Kelly's travails began on July 28, 1960, when his journeys as a purveyor...

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