Supreme Court of Kansas May 6, 1972, No. 46,561 (Kirtdoll v. State)

The opinion of the court was delivered by

Owsley, J.:

This is an appeal from an order dismissing a motion of the appellant, James LeRoi Kirtdoll, filed pursuant to K. S. A. 60-1507.

Appellant was originally charged with the offense of assault with intent to kill under K. S. A. 21-431 (now K. S. A. 1971 Supp.