Jackson v. State

Foth, J.:

In November, 1975, a jury convicted the appellant of the unlawful possession of a firearm; in November, 1976, the Supreme Court affirmed the conviction in an unpublished opinion. In March, 1977, the appellant filed a motion to vacate under K.S.A. 60-1507, asking that he be granted a new trial. The trial court appointed counsel but denied the motion without an evidentiary hearing. This appeal followed.

The Supreme Court summarized the evidence against the appellant when it considered his direct appeal. The court stated:

“A .32 caliber pistol with a barrel less than twelve inches long…