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SULLIVAN v. STATE

No. 48,124

222 Kan. 222 (1977)

564 P.2d 455

JIMMY W. SULLIVAN, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed May 14, 1977.

Attorney(s) appearing for the Case

James W. Wilson, of Hodge, Wood and Wilson, of Wichita, argued the cause, and Ray Hodge, of the same firm, was on the brief for the appellant.

Stephen Robison, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, Vern Miller, district attorney, and Clifford Bertholf, assistant district attorney, were on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

This is an appeal by the petitioner in a proceeding instituted pursuant to K.S.A. 60-1507 wherein the trial court denied relief without an evidentiary hearing.

On March 22, 1971, an informant told Wichita Detective Jack Watkins that a gambling game at 3213 Locust Street would be held up. Police staked out the area. Shortly before midnight a Cadillac drove by the house and parked about a block away...

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