Brizendine v. State

The opinion of the court was delivered by

Prager, J.:

This is an appeal from an order overruling the petitioner’s motion to set aside his sentence and conviction pursuant to K. S. A. 60-1507, after a full evidentiary hearing.

On May 1, 1968, a gasoline service station in Wyandotte County, Kansas, was burglarized. Briefly the facts are that a Kansas City, Kansas, police officer, while cruising his district, noticed a window on the service station door broken at three a. m. He called for assistance and, upon entering the station, found the appellant and another man hiding near the door on the…