Kinnell v. State

The opinion of the court was delivered by

Harman, C.:

Appellant Dale Houston Kinnell was convicted and sentenced for the offenses of kidnaping in the first degree and forcible rape. Upon direct appeal those convictions were affirmed (State v. Kinnell, 197 Kan. 456, 419 P. 2d 870).

This appeal is from an order summarily overruling appellant’s third motion to vacate those sentences under K. S. A. 60-1507.

Appellant’s only ground for relief in this proceeding is the allegation he was initially arrested in Linn county, Kansas, by a state highway patrolman without a warrant and held for a period of…