State v. Wheeler

The opinion of the court was delivered by

Fatzer, J.:

The defendant, Richard Wheeler, was found guilty by a jury of unlawful possession of a pistol pursuant to the provisions of G. S. 1961 Supp., 21-2611 (now K. S. A. 21-2611), and was sentenced to confinement as an habitual criminal.

After the conviction and imposition of sentence, the defendant indicated his desire to appeal. Instead of the court appointing the attorney who tried the case, it appointed The Honorable John A. Potucek to represent the defendant on appeal. Following MrPotucek’s election as judge of the district court of the…