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Fairbanks v. State

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eBook details

  • Title: Fairbanks v. State
  • Author : Supreme Court of Kansas
  • Release Date : January 07, 1966
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

The opinion of the court was delivered by This is an appeal by the plaintiff, Walter B. Fairbanks, from a judgment overruling his motion to vacate a sentence imposed against him on July 26, 1963. The facts are not in serious dispute. In January 1963, the plaintiff, with others, was charged with burglary in the second degree, attempted larceny and illegal possession of burglary tools. On July 17, 1963, at which time he was represented by personal counsel, he entered a plea of guilty to possession of burglary tools, waived his right to trial by jury on the two remaining charges, and proceeded to trial by the court. The charge of attempted larceny was later dismissed by the state and the plaintiff was found guilty only of second-degree burglary. After a motion for new trial had been filed and overruled, the plaintiff was sentenced under the Habitual Criminal Act to terms of from ten to twenty years on the burglary charge and from two to six years for possession of burglary tools.


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