State v. Nelson

The opinion of the court was delivered by

O’Connor, J.:

This is an appeal by the defendant, Rex D. Nelson, from an order of the district court denying his motion for discharge prior to imposition of sentence after having been convicted of the offense of first degree robbery.

The sole question for determination is whether or not the district ■court, by failing to pronounce sentence within five days after overruling defendant’s motion for new trial, lost jurisdiction to impose sentence at a later date.

K. S. A. 62-1723 provides in part:

“. . . If the motion for a new trial is overruled, sentence…