Carter v. State

The opinion of the court was delivered by

Fromme,

Walter Carter is serving a sentence in the Kansas State Penitentiary for the forcible rape of his thirteen year old daughter. After conviction by a jury he prosecuted an appeal to this court. His conviction was affirmed in State v. Carter, 192 Kan. 440, 388 P. 2d 594.

The prisoner then filed a motion to vacate judgment and sentence pursuant to K. S. A. 60-1507. The lower court summarily denied the motion and the present appeal followed.

Two grounds are set forth in the motion upon which movant bases his claim for relief. These are (1) inadequate…