State v. Hasty

This is the first opportunity I have had to register my opposition to the rule enunciated in State v. Mooneyham, 192 Kan. 620, 390 P. 2d 215, cert. den. 377 U. S. 958, 12 L. Ed. 2d 502, 84 S. Ct. 1640, and adhered to in numerous, subsequent cases cited in the majority opinion.

*11The right to appeal in a criminal case is a statutory right granted by the state through the legislature (State v. Coletti, 102 Kan. 523, 170 Pac. 995) and is not a right guaranteed by the federal constitution (Mooneyham v. State of Kansas, 339 F. 2d 209). The legislature, by K. S. A. 62-1701, has provided a defendant in…