Schuler v. State

WELBORN, Commissioner.

Appeal from denial of relief in proceeding to set aside judgment and sentence of 20 years’ imprisonment on plea of guilty for second degree murder.

On January 20, 1952, Jessie Ross was shot and killed in a grocery store he operated in Butler County. His wife was present at the time of the shooting, involving two robbers.

In March, 1952, movant-appellant, Robert Schuler, had been sentenced to imprisonment in the Kansas State Penitentiary. In May, 1952, Ross’s widow viewed appellant at the Kansas State Penitentiary and identified him as the man who shot her husband.…