David Houston Kinnell v. Sherman H. Crouse, Warden, Kansas State Penitentiary, Lansing, Kansas

HILL, Circuit Judge.

Appellant, Kinnell, was convicted in a state court upon a plea of not guilty to kidnapping and forcible rape and is now serving the sentence thereupon imposed. He appeals from an order dismissing his petition for a writ of habeas corpus.

The record shows that after the judgment and sentence Kinnell appealed to the Supreme Court of Kansas, where the conviction was affirmed. 1 Thereafter, he filed a motion in the sentencing court under K.S.A. 60-1507, which was denied without an evidentiary hearing and on the basis of the files and records in the case. No appeal was taken…