State v. Blacksmith

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 Brown County, Kansas, denied the petitioner’s motion for discharge from the Kansas State Penitentiary. Appeal has been duly perfected.

The only question is whether the petitioner, an indigent, was entitled to court-appointed counsel at his preliminary hearing in a criminal proceeding which resulted in his conviction.

The petitioner was charged with burglary in the second degree and grand larceny in one count, and burglary in the second degree and…