Kinnell v. State

This is an appeal by the petitioner in a proceeding instituted pursuant to K. S. A. 60-1507 from an order of the sentencing court dismissing the petition without a hearing and without appointing counsel for the petitioner.

The petitioner’s original conviction in November, 1963, for the offenses of kidnapping in the first degree and forcible rape was affirmed on appeal in State v. Kinnell, 197 Kan. 456, 419 P. 2d 870.

The motion here presented is the petitioner’s fourth attack upon his sentence under 60-1507, supra. His first motion was dismissed because his direct appeal to this Court was still…