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STATE v. DAVIS

No. 46,727

213 Kan. 54 (1973)

515 P.2d 802

STATE OF KANSAS, Appellee, v. JOHNNIE B. DAVIS, Appellant.

Supreme Court of Kansas.

Opinion filed November 3, 1973.

Attorney(s) appearing for the Case

Oneil Davis, of Lewis & Davis, of Wichita, argued the cause and was on the brief for the appellant.

Clifford Bertholf, assistant district attorney, argued the cause, and Vern Miller, attorney general, Keith Sanborn, district attorney, and Patrick Sirridge, legal intern, were with him on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

Defendant, Johnnie B. Davis, was convicted on two counts of selling heroin in violation of K.S.A. 1971 Supp. 65-2502 (now K.S.A. 65-4124) and sentenced to two concurrent terms of nine years to life imprisonment.

Defendant did not take the witness stand and the facts leading to his arrest were established by testimony of Henry Mar, Jr., an agent for the attorney general, and William L. Phillips,...

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