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CALDRONE v. STATE

No. 47,324

215 Kan. 351 (1974)

524 P.2d 228

JOHN C. CALDRONE, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed July 17, 1974.

Attorney(s) appearing for the Case

James L. Eisenbrandt, of Soden, Eisenbrandt & Isenhour, of Mission, argued the cause and was on the brief for the appellant.

J.J.B. Wigglesworth, assistant district attorney, argued the cause, and Vern Miller, attorney general, Margaret Jordan, district attorney, and Dale E. Hartung, assistant district attorney, were with him on the brief for the appellee.

MEMORANDUM OPINION

CRIMINAL LAW — Postconviction Relief Not Ordinarily Substitute for Second Appeal — Habitual Criminal Act Constitutional.

Per Curiam:

In this postconviction proceeding under K.S.A. 60-1507 the appellant raises three points: (1) that his acquittal on a companion charge of attempted grand larceny exonerates him on the charge of possessing burglary tools, of which he was convicted in the same action, (2) that...

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