Blacksmith v. State

The opinion of the court was delivered by

Schroeder, J.:

This is a proceeding instituted pursuant to K. S. A. 60-1507 in which the district court of Nemaha County, Kansas, denied the petitioners motion for discharge from the Kansas State Penitentiary. Appeal has been duly perfected.

The only question raised by the petitioner, an indigent, is whether he was entitled to court-appointed counsel at his preliminary hearing in the criminal proceeding which resulted in his conviction.

The petitioner was charged with three counts of burglary in the second degree. On October 1, 1963, pursuant to such…