State v. Talbert

The opinion of the court was delivered by

Schroeder, J.:

This is a proceeding instituted pursuant to K. S. A. 60-1507, in which the district court of Montgomery County, Kansas, denied the petitioner’s motion for discharge from the Kansas State Penitentiary. Appeal has been duly perfected.

The questions presented are: (1) Whether the petitioner, an indigent, was entitled to court-appointed counsel at his prelimi nary hearing in criminal proceedings which resulted in his conviction; (2) whether a voluntary plea of guilty in the district court, after appointment of counsel, constitutes a waiver of…