Mayberry v. State

Ter Curiam:

This is an appeal from denial of relief under K. S. A. 60-1507 without appointment of counsel, evidentiary hearing and presence of the petitioner.

Appellant was charged with first degree murder and attempted first degree murder for having shot his girl friend eleven times and her sister once on December 3, 1969. Appellant was found incompetent to stand trial and was committed to Lamed State Hospital for a brief time until his competency was restored. On November 4, 1970, he was represented by counsel and pled guilty to a reduced charge of second degree murder as defined in K. S. A.…