Weser v. State

The opinion of the court was delivered by

Schroeder,C.J.:

This is an appeal by Edward S. Weser, petitioner-appellant, from an order denying post-conviction relief by the sentencing court in a proceeding filed under K.S.A. 60-1507. The petition seeks to vacate his sentence on conviction of second-degree murder (K.S.A. 21-3402).

The facts surrounding this case are fully reported in State v. Burrow & Dohlmar, 221 Kan. 745, 561 P.2d 864 (1977), where convictions of the petitioner’s two codefendants were affirmed on appeal. At the time their direct appeal was taken the petitioner had escaped from the…