KOWALEC v. STATE

No. 47,278

214 Kan. 779 (1974)

522 P.2d 173

DAVID THOMAS KOWALEC, Appellant, v. THE STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed May 11, 1974.


Attorney(s) appearing for the Case

Wilson E. Speer, of Hackler, Londerholm, Speer, Vader & Austin, of Olathe, argued the cause and was on the brief for appellant.

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


MEMORANDUM OPINION

CRIMINAL LAW — Post-conviction Relief Denied — Constitutionality of the Habitual Criminal Act.

Per Curiam:

This is an appeal from an order denying post conviction relief under K.S.A. 60-1507, wherein the appellant attacks the constitutionality of the habitual criminal statute applicable at the time of his conviction in 1968, K.S.A. 21-107a.

The appellant claims the habitual criminal statute's application...

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