Smith v. State

The opinion of the court was delivered by

Price, J.:

This is an appeal from an order denying petitioner’s second motion filed under the provisions of K. S. A. 60-1507 to vacate and set aside a judgment and sentence.

On January 10, 1958, petitioner, being twenty-two years of age, and with a prior criminal record, appeared before the district court of Phillips county charged with the offense of statutory rape. The nature of the charge was fully explained to him by the court. Being indigent and without counsel, his right to have counsel appointed was explained to him in detail. He stated he did not…