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OSWALD v. STATE

No. 47,156

214 Kan. 162 (1974)

519 P.2d 624

ROBERT SHERMAN OSWALD, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed March 2, 1974.

Attorney(s) appearing for the Case

Laurence R. Hollis, of Merkel & Pinkerton, Chartered, of Wichita, argued the cause, and James L. Pinkerton and Cecil E. Merkel, of the same firm, were with him on the brief for the appellant.

Clifford Bertholf, Assistant District Attorney, argued the cause, and Vern Miller, Attorney General, and Keith Sanborn, District Attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

This is an appeal by petitioner in a proceeding under K.S.A. 60-1507 wherein the trial court denied relief following an evidentiary hearing.

Petitioner was convicted of larceny in connection with the theft of automobile tires from a Goodyear store in Wichita. On direct appeal to this court his conviction was affirmed. (State v. Oswald, 197 Kan. 251,

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