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STATE v. WARBRITTON

No. 46,750

211 Kan. 506 (1973)

506 P.2d 1152

STATE OF KANSAS, Appellee, v. MICHAEL RAY WARBRITTON, Appellant.

Supreme Court of Kansas.

Opinion filed March 3, 1973.

Attorney(s) appearing for the Case

David J. Phillips, Deputy Defender, of Topeka, argued the cause and was on the brief for the appellant.

Gene M. Olander, County Attorney, argued the cause, and Vern Miller, Attorney General, was with him on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

Defendant, Michael Ray Warbritton, appeals from a conviction by a jury of the offense of aggravated battery as defined in K.S.A. 1972 Supp. 21-3414. In the information it was charged that defendant —

"... [D]id unlawfully, feloniously and willfully:... touch and apply force to the person of another, to-wit: Allen H. Orrick, with the intent to injure the said Allen H. Orrick and which inflicted...

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