McCarther v. State

This is an appeal from an order denying a motion filed pursuant to K. S. A. 60-1507 to vacate a judgment.

On November 28, 1962, the petitioner, with counsel, appeared before the district court of Sedgwick County and, after waiving the formal reading of the information, pleaded guilty to a charge of third degree burglary. The burglary was of a filling station owned by one Frank Hoy, who was himself later sentenced to a life term at Lansing and who testified for petitioner at the hearing below. Defendant had waived preliminary hearing on August 20, 1962, with retained counsel present. The court…