Taylor v. State

The opinion of the court was delivered by Clay Henry Taylor was convicted by a jury of committing an act of gross indecency upon a twelve year old boy and sentenced to life imprisonment under the habitual criminal act on October 7, 1964. Thereafter the defendant sought relief under motion to vacate sentence for the reason that he had been denied his right of appeal and effective assistance of counsel. After some delay the motion to vacate was presented to the trial court and in that court an attorney was appointed and directed to file notice of appeal and prosecute an appeal in the original criminal case. Because of the varied questions presented by the record in the original proceedings counsel for defendant prosecuted two appeals to this court on behalf of his indigent client. The first was the direct appeal ordered by the trial court. The second was the present appeal from the order denying the motion to vacate sentence under K.S.A. 60-1507.