State v. Wilson
| Decision Date | 10 December 1960 |
| Docket Number | No. 42065,42065 |
| Citation | 357 P.2d 823,187 Kan. 486 |
| Parties | STATE of Kansas, Appellee, v. Earl WILSON, Appellant. |
| Court | Kansas Supreme Court |
Kenneth Ray, Kansas City, argued the motion and was on the briefs for appellant.
Robert J. Foster, County Atty., argued the motion, and John Anderson, Jr., Atty. Gen., and Robert Hoffman, Asst. Atty. Gen., were with him on the briefs for appellee.
This is a capital case in which the death sentence has been stayed by this court during defendant's appeal to the court. Appellant has now filed a motion to dismiss his appeal. In a similar situation, this court speaking through Mr. Chief Justice Harvey, said in State v. Miller, 165 Kan. 228, at page 238, 194 P.2d 498, at page 506:
We think that G.S.1949, 62-2414, applies to all capital cases where the death sentence has been imposed and the trial court's judgment is still in force.
The motion to dismiss is denied upon the above authority.
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