Sullivan v. State

The opinion of the court was delivered by This is an appeal by the petitioner in a proceeding instituted pursuant to K.S.A. 60-1507 wherein the trial court denied relief without an evidentiary hearing. On March 22, 1971, an informant told Wichita Detective Jack Watkins that a gambling game at 3213 Locust Street would be held up. Police staked out the area. Shortly before midnight a Cadillac drove by the house and parked about a block away. Three men emerged from the car and walked around the house looking in the windows. They then returned to their car and started to leave. Officers attempted to stop the car, but the driver would not yield. During a short chase the occupants threw from the passenger side of the vehicle two pistols, a sawed-off shotgun, and a towel and pillow case made into a mask. When the car was stopped petitioner and two other men emerged. A search of the occupants and the vehicle uncovered two additional masks and shotgun shells.