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STATE v. ANDREWS

No. 51,795

228 Kan. 368 (1980)

614 P.2d 447

STATE OF KANSAS, Appellee, v. MERRILL ANDREWS, Appellant.

Supreme Court of Kansas.

Opinion filed July 18, 1980.

Attorney(s) appearing for the Case

Daniel T. Brooks, of Wichita, argued the cause and was on the brief for appellant.

Michael Barbara, assistant district attorney, argued the cause and Robert T. Stephan, attorney general, and Vern Miller, district attorney, were with him on the brief for appellee.

The opinion of the court was delivered by

HOLMES, J.:

This is an appeal by defendant, Merrill Andrews, based upon the failure of the trial court to appoint counsel to represent Andrews on his third motion for a new trial which was the second based upon newly discovered evidence filed pursuant to K.S.A. 22-3501.

On August 7, 1978, defendant was found guilty of aggravated burglary and first-degree murder. Steven...

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