Fairbanks v. State

The opinion of the court was delivered by

Fontron, J.:

This is an appeal by the plaintiff, Walter B. Fairbanks, from a judgment overruling his motion to vacate a sentence imposed against him on July 26,1963.

The facts are not in serious dispute. In January 1963, the plaintiff, with others, was charged with burglary in the second degree, atempted larceny and illegal possession of burglary tools. On July 17, 1963, at which time he was represented by personal counsel, he entered a plea of guilty to possession of burglary tools, waived his right to trial by jury on the two remaining charges, and…