CARPENTER v. STATE

No. 48,640

223 Kan. 523 (1978)

575 P.2d 26

EBEN W. CARPENTER, Appellee, v. STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed February 25, 1978.


Attorney(s) appearing for the Case

Gene M. Olander, district attorney, argued the cause, and Curt T. Schneider, attorney general, was with him on the brief for the appellant.

David J. Waxse, of Payne & Jones, Chartered, of Olathe, argued the cause and was on the brief for the appellee.


The opinion of the court was delivered by

OWSLEY, J.:

The state appeals from the granting of petitioner's motion under K.S.A. 60-1507. In vacating and setting aside the judgment and sentence the trial court found petitioner had been denied his constitutional right to effective assistance of counsel and ordered a new trial.

The facts which form the basis for petitioner's original conviction of second-degree murder are set out in this court's opinion...

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