Supreme Court of Kansas May 11, 1968, 45,200 (Wisely v. State)

The opinion of the court was delivered by

O’Connor, J.:

This is an appeal by the petitioner, Jack E. Wisely, from an order of the district court of Riley county denying relief in a K. S. A. 60-1507 proceeding.

The sole question presented is whether the lower court erred in refusing to grant an evidentiary or plenary hearing when the petitioner had alleged in his motion the incompetency of counsel.