Le Vier v. State

The opinion of the court was delivered by

Fontron, J.:

This action is brought by the movant, John L. Le Vier, pursuant to K. S. A. 60-1507, attacking the validity of a sentence imposed against him by the Shawnee district court under the provisions of the Habitual Criminal Act, K. S. A. 21-107a.

Only one issue is presented on appeal: Is a conviction of escaping from the state industrial school for boys, in violation of G. S. 1949, 21-2001 (now K.S.A. 1973 Supp. 21-3611), a prior felony conviction within the contemplation of K. S. A. 21-107a? The trial court gave an affirmative answer to this…