Kelsey v. State

The opinion of the court was delivered by

Price, J.:

Plaintiff, a prisoner in the state penitentiary, brought this proceeding under the provisions of K. S. A. 60-1507, to correct his sentence.

The state has appealed from an order granting relief.

The background of the matter is this:

On October 27, 1953, in the district court of Neosho county, plaintiff, being represented by county appointed counsel, was, on his plea of guilty, convicted of the offense of forgery in the second degree. He was sentenced to confinement in the penitentiary for a term of not more than ten years. After serving a portion…