Cox v. State

The opinion of the court was delivered by

Harman, C.:

This is an appeal from an order denying a second motion filed by appellant, Eddie David Cox, pursuant to the provisions of K. S. A. 60-1507 to vacate and set aside a judgment and sentence imposed by the district court of Geary county.

On March 18, 1960, appellant was convicted by a jury of the offenses of assault with intent to kill and kidnaping in the first degree, the jury stating in its verdict that the kidnaping occurred without harm to the victim. Appellant was sentenced and subsequently appealed to this court with the result he was…