Perry v. State

The opinion of the court was delivered by

Fatzer, J.:

This is an appeal from an order denying the appellant’s motion to vacate the sentence imposed on June 1, 1965, upon the district court’s finding that “the files and records of Case No. CR 1749-65 of this Court, captioned The State of Kansas, plaintiff, vs. James Gilbert Perry, defendant . . . conclusively show that Movant is entitled to no relief, and that said Motion should be overruled.” (K.S. A. 60-1507.)

The threshold question is whether the appellant’s motion presented substantial questions of law or triable issues of fact which would…