Zumalt v. State

The opinion of the court was delivered by On November 10, 1964, the appellant, Jack D. Zumalt, filed his motion in the district court of Reno, County, Kansas, pursuant to K.S.A. 60-1507 and Rule No. 121 (194 Kan. XXVII), to vacate and set aside the judgment of that court finding him guilty of first degree robbery in criminal case No. 6163, and sentencing him to confinement in the Kansas State Penitentiary for a term of not exceeding twenty years under the provisions of the Kansas Habitual Criminal Act. (K.S.A. 21-107a.) It being made to appear from the appellant's motion that he was an indigent person, the district court appointed Dennis O. Smith, a member of the Bar of Reno County, to represent him on the motion then pending. On November 20, 1964, the district court filed a memorandum opinion in which it found from an examination of the motion and from the files and records in the case, that the petitioner was entitled to no relief and the appellant perfected an appeal from that ruling. In accordance with Rule No. 121, supra, (i) and (m), the district court appointed Dennis O. Smith to assist the appellant in perfecting and presenting this appeal. The only question presented in the appellant's statement of points (Rule No. 6, Record on Appeal to Supreme Court, [d], 194 Kan.