Le Vier v. State

The opinion of the court was delivered by This action is brought by the movant, John L. Le Vier, pursuant
to K.S.A. 60-1507, attacking the validity of a sentence imposed
against him by the Shawnee district court under the provisions of
the Habitual Criminal Act, K.S.A. 21-107a. Only one issue is presented on appeal: Is a conviction of
escaping from the state industrial school for boys, in violation
of G.S. 1949, 21-2001 (now K.S.A. 1973 Supp. 21-3611), a prior
felony conviction within the contemplation of K.S.A. 21-107a? The
trial court gave an affirmative answer to this question and Le
Vier has appealed.