State v. Robertson

The opinion of the court was delivered by

Schroeder, J.:

This is a criminal action in which the defendant, Leroy E. Robertson, pleaded guilty to a charge of burglary involving the Union Pacific Railroad depot located at Victoria in Ellis County, Kansas. After sentence was pronounced an oral application for parole by the defendant was denied. Thereupon appeal was duly perfected to this court with the assistance of court-appointed counsel.

The controlling question is whether the appellant waived his right to appeal by making application to the lower court for a parole.

Such action on the part of a…