Aeby v. State

The opinion of the court was delivered by

Harman, C.:

This postconviction proceeding involves legality of the sentences imposed on appellant. When the case was here upon direct appeal (State v. Aeby, 191 Kan. 333, 381 P. 2d 356) the particular questions now at issue were not presented or raised.

Upon jury trial appellant was convicted on two counts (counts one and three) of burglary in the third degree and on one count (count two) of petty larceny.

For these offenses, he was on February 14, 1962, given four separate sentences, as follows: (1) On count one confinement in the state penitentiary for…