Thomas v. State

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal from an order of the district court of Jackson County, Kansas, denying a motion to vacate under K. S. A. 60-1507 on the ground that it was a second and successive motion for similar relief on behalf of the same prisoner.

The basic question presented is whether the ends of justice would be served by reaching the merits of the petitioner’s subsequent application for relief.

The facts giving rise to this proceeding stem from two separate felony convictions.

On the 24th day of September, 1959, an information was filed against…