Thompson v. State

The opinion of the court was delivered by

Price, J.:

Plaintiff, Burton D. Thompson, being confined in the state penitentiary under a sentence of life imprisonment, filed a motion to vacate the judgment and sentence under the provisions of K. S. A. 60-1507.

He has appealed from an order and judgment denying relief, and the principal question presented is whether the state gave proper and sufficient notice of its intention to invoke the habitual criminal statute.

Although a proceeding under K. S. A. 60-1507 is an inquiry as to the validity of a sentence imposed in a prior criminal prosecution, the…