McGee v. State

The opinion of the court was delivered by

Hatcher, C.:

This was a proceeding under K. S. A. 60-1507 by which the petitioner sought to have a conviction of burglary in the second degree and a sentence of five to ten years vacated and set aside.

The petitioner was convicted of burglary in the second degree and given a sentence of five to ten years in the state penitentiary on May 5, 1961. He was later convicted of escape without breaking and given a sentence of fifteen years under the habitual criminal act on May 1, 1964. The petitioner does not challenge the conviction and sentence for escape but…