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eBook details

• Title: Lowe v. State
• Author : Supreme Court of Kansas
• Release Date : January 30, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

The opinion of the court was delivered by This case comes before the court on a petition for review of an
unpunished decision of the Court of Appeals which affirmed the
trial court's denial of petitioner's K.S.A. 60-1507 motion. (See
Lowe v. State, No. 59,746, filed June 4, 1987.) Appellant,
James Salvatore Lowe, was originally charged with one count of
burglary (K.S.A. 21-3715) and one count of misdemeanor theft
(K.S.A. 1986 Supp. 21-3701). He was convicted by a jury of the
theft charge and that conviction was affirmed by this court in a
direct appeal in State v. Lowe, 238 Kan. 755, 715 P.2d 404
(1986). The facts leading to appellant's original conviction are fully
set forth in State v. Lowe and need not be repeated here. Only
the procedural aspects of the original trial are germane to the
issue now before the court. In the original trial, the State
rested its case late in the afternoon at which time motions were
heard outside the presence of the jury in the court's chambers.
The petitioner's motion to dismiss for lack of subject matter
jurisdiction and a renewal of an earlier motion for mistrial were
both denied.

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