(Download) "Perry v. State" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: Perry v. State
- Author : Supreme Court of Kansas
- Release Date : January 09, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
The opinion of the court was delivered by This is an appeal from an order denying the appellant's motion to vacate the sentence imposed on June 1, 1965, upon the district court's finding that ""the files and records of Case No. CR 1749-65 of this Court, captioned The State of Kansas, plaintiff, v. James Gilbert Perry, defendant . . . conclusively show that Movant is entitled to no relief, and that said Motion should be overruled."" (K.S.A. 60-1507.) The threshold question is whether the appellant's motion presented substantial questions of law or triable issues of fact which would require the district court to cause notice to be served upon the county attorney and to grant a prompt hearing upon the motion. (60-1507 [b].) The background of this matter is briefly summarized: On February 23, 1965, a written complaint was filed in the Court of Common Pleas of Sedgwick County, charging the appellant with two counts of robbery in the first degree, alleged to have been committed on February 20, and February 21, 1965, in Wichita, Kansas. Counsel was appointed to represent the appellant at the preliminary examination. On March 29, 1965, he appeared before the Court of Common Pleas with retained counsel and waived his right to a preliminary examination on both counts of robbery in the first degree. On that date he was bound over to the district court for trial at the next regular term on the charges alleged against him.
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