Eaton v. State

Supreme Court of Kansas

Eaton v. State

460 P.2d 447, 204 Kan. 222

CourtSupreme Court of Kansas

DecidedNovember 8, 1969

DocketNo. 45,705

StatusPublished

Cited by1 cases

This text of 460 P.2d 447 (Eaton v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eaton v. State, 460 P.2d 447, 204 Kan. 222 (kan 1969).

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Opinion

The opinion of the court was delivered by

Fatzer, J.:

This appeal is from an order overruling the appellant’s motion (K. S. A. 60-1507) to set aside a sentence imposed for conviction of escaping from jail. Having been convicted of two prior felonies, the appellant was sentenced to life imprisonment under the Habitual Criminal Act. (K. S. A. 21-107a.) The judgment and sentence were affirmed by this court in State v. Eaton, 199 Kan. 610, 433 P. 2d 347.

The points raised by the appellant in this appeal were fully considered and decided by this court in the former appeal (State v. Eaton, supra), and the reader is referred to that opinion which is incorporated herein by reference. Any further discussion of those points would add nothing to the body of the law of this state, and it is sufficient to say the district court did not err in denying the appellant’s motion to set aside the sentence imposed March 11, 1966, after granting him a full evidentiary hearing.

The judgment is affirmed.

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The opinion of the court was delivered by

Fatzer, J.:

This appeal is from an order overruling the appellant’s motion (K. S. A. 60-1507) to set aside a sentence imposed for conviction of escaping from jail. Having been convicted of two prior felonies, the appellant was sentenced to life imprisonment under the Habitual Criminal Act. (K. S. A. 21-107a.) The judgment and sentence were affirmed by this court in State v. Eaton, 199 Kan. 610, 433 P. 2d 347.

The points raised by the appellant in this appeal were fully considered and decided by this court in the former appeal (State v. Eaton, supra), and the reader is referred to that opinion which is incorporated herein by reference. Any further discussion of those points would add nothing to the body of the law of this state, and it is sufficient to say the district court did not err in denying the appellant’s motion to set aside the sentence imposed March 11, 1966, after granting him a full evidentiary hearing.

The judgment is affirmed.

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Bluebook (online)

460 P.2d 447, 204 Kan. 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eaton-v-state-kan-1969.

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