State v. Chuning

The opinion of the court was delivered by

Kaul, J.:

This case appears a second time on appeal. In the first appeal the conviction of defendant, Rudy V. Chuning, of robbery in the first degree was affirmed by this court on June 10, 1967. (State v. Chuning, 199 Kan. 215, 428 P. 2d 843.)

Subsequently, defendant filed a motion to vacate the judgment pursuant to the provisions of K. S. A. 60-1507. The district court sustained defendant’s motion and ordered a new trial on the ground defendant was represented by incompetent counsel at his first trial. Prior to his second trial the defendant, for the…