LOWE v. STATE

No. 63,267

14 Kan. App. 2d 119 (1989)

783 P.2d 1313

JOHN S. LOWE, Appellant, v. STATE OF KANSAS, Appellee.

Court of Appeals of Kansas.

Opinion filed December 15, 1989.


Attorney(s) appearing for the Case

Robert L. Morse, of Olathe, for appellant.

Michael Grosko, assistant district attorney, Nick A. Tomasic, district attorney, and Robert T. Stephan, attorney general, for appellee.

Before DAVIS, P.J., REES and ELLIOTT, JJ.


REES, J.:

John S. Lowe appeals from the denial of his K.S.A. 60-1507 motion attacking his conviction for aggravated battery (K.S.A. 21-3414). In denying Lowe's 1507 motion, the district court relied on authority from other jurisdictions and determined that a defense based on the statute of limitations is not jurisdictional and can be waived if it was not raised at trial. This conclusion is a question of law subject to unlimited appellate review. Hutchinson Nat...

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