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BAKER v. STATE

Nos. 60,288, 61,155

243 Kan. 1 (1988)

755 P.2d 493

MARCELLUS H. BAKER, Appellant, v. STATE OF KANSAS, Appellee. and STATE OF KANSAS, Appellee, v. MARCELLUS H. BAKER, Appellant.

Supreme Court of Kansas.

Opinion filed April 29, 1988.

Attorney(s) appearing for the Case

Daniel E. Stonecipher, special appellate defender, of Junction City, argued the cause, and Benjamin C. Wood, chief appellate defender, of Topeka, and Ralph DeZago, special appellate defender, of Junction City, were on the brief for appellant.

Rodney H. Symmonds, county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellee.

The opinion of the court was delivered by

HOLMES, J.:

Two appeals by Marcellus H. Baker from issues generated by the same criminal convictions have been consolidated in this court. Case No. 60,288 is a direct appeal by Baker from an adverse ruling in his action pursuant to K.S.A. 60-1507. Case No. 61,155 is an appeal by Baker from the denial of his motion for a new trial based upon newly discovered evidence pursuant to K.S.A. 22-3501. Appellant's convictions...

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