State v. Andrews

The opinion of the court was delivered by

Holmes, J.:

This is an appeal by defendant, Merrill Andrews, based upon the failure of the trial court to appoint counsel to represent Andrews on his third motion for a new trial which was the second based upon newly discovered evidence filed pursuant to K.S.A. 22-3501.

On August 7, 1978, defendant was found guilty of aggravated burglary and first-degree murder. Steven C. Sherwood was appointed to represent the defendant and, following the conviction, filed a motion for a new trial which was heard and overruled by the trial court on September 1, 1978.…