Basker v. State

The opinion of the court was delivered by Frank Basker was convicted by a jury of attempted robbery in
the first degree. His conviction was upheld by this court in
State v. Basker, 198 Kan. 242, 424 P.2d 535. The present appeal
is from post conviction proceedings pursuant to K.S.A. 60-1507.
Frank Basker was present at the proceedings. He was represented
by counsel. His motion to set aside sentence was denied by the
trial court upon proper findings. The first three points now raised were considered and rejected
in the direct appeal. These points presented no substantial
question of law or issue of fact to the trial court. They will
not be reconsidered by this court. (Carter v. State,
199 Kan. 290, 428 P.2d 758.) Appellant claims he was deprived of a speedy trial although it
does not appear who caused the delay. He was bound over for trial
on June 20, 1964 (during the June term). His trial commenced
February 2, 1965 (during the December term). Only the September
term of court intervened. The requirements of K.S.A. 62-1431 were
met and appellant was not deprived of a speedy trial. (State v.
Williams, 187 Kan. 629, 360 P.2d 11.) The final point specified pursuant to Rule No. 6 (d) of the
Supreme
[202 Kan. 178]