Tate v. State

The opinion of the court was delivered by

O’Connor, J.:

This is an appeal from an order of the district court of Montgomery county denying appellant’s motion filed under the provisions of K. S. A. 60-1507 to vacate and set aside a judgment and sentence. Hereinafter appellant will be referred to as petitioner or Tate.

The facts necessary for disposal of the appeal are as follows: Tate and Joseph Newman were arrested on a warrant charging them with first degree robbery and larceny of an automobile. A preliminary hearing was held at which Tate appeared without counsel and introduced no evidence. At…