Cox v. State

The opinion of the court was delivered by

Kaul, J.:

This is an appeal by the state in a proceeding initiated pursuant to K. S. A. 60-1507 wherein the trial court vacated and set aside the sentence which it had originally imposed and ordered the appellee’s discharge from the Kansas State Penitentiary.

The appellee, hereinafter referred to as petitioner, while confined in the penitentiary filed the motion now under consideration in the district court of Geary County on September 7, 1965. The court appointed present counsel to represent him and ordered his return from the penitentiary for the…