Kirtdoll v. State

The opinion of the court was delivered by

Owsley, J.:

This is an appeal from an order dismissing a motion of the appellant, James LeRoi Kirtdoll, filed pursuant to K. S. A. 60-1507.

Appellant was originally charged with the offense of assault with intent to kill under K. S. A. 21-431 (now K. S. A. 1971 Supp. 21-3410, 21-3414), and after trial to a jury he was found guilty of the lesser included offense of felonious assault under K. S. A. 21-435 (now K. S. A. 1971 Supp. 21-3414). Appellant appealed his conviction and it was upheld in State v. Kirtdoll, 206 Kan. 208, 478 P. 2d 188, to which…