Brown 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 Reno County, Kansas, denied the petitioner’s motion for discharge from the Kansas State Penitentiary. Appeal has been duly perfected.

The disposition of this case turns upon a question of procedure under the foregoing statute. The question is whether the petitioner’s presence is required at the hearing on a motion attacking his sentence where there is a substantial issue of fact as to events in which he participated.

The facts upon which the…