Kiser v. State

The opinion of the court was delivered by

O’Connor, J.;

This is an appeal from an order of the district court of Cowley county denying appellant’s motion, filed pursuant to K. S. A. 60-1507, to vacate and set aside a judgment and sentence. Hereinafter appellant will be referred to as petitioner or Kiser.

The events giving rise to this appeal began on October 20, 1961, when a complaint was filed against Kiser charging him with burglary in the second degree (G. S. 1959 Supp., 21-520). On the same date Kiser waived preliminary hearing and was bound over to the district court for trial. An…