Smith v. State

The opinion of the court was delivered by

Parker, C. J.:

This is an appeal from an order and judgment of the district court of Lincoln County denying appellant’s motion under K. S. A. 60-1507 to vacate and set aside a prior judgment and sentence of that court in a criminal action.

There is no dispute between the parties as to the facts controlling the questions raised by the appeal. They appear from an agreed statement of facts, signed by counsel and approved by the trial court. Such statement reads:

“In accordance with Rule Six (p) of the Rules of the Kansas Supreme Court, the following agreed…