STATE v. BROWN

No. 51,211

5 Kan. App. 2d 149 (1980)

613 P.2d 387

STATE OF KANSAS, Appellee, v. GEORGE BROWN, JR., Appellant.

Court of Appeals of Kansas.

Opinion filed July 3, 1980.


Attorney(s) appearing for the Case

Tom Clarkson, of Wichita, for the appellant.

Beverly Dempsey, assistant district attorney, Robert T. Stephan, attorney general, and Vern Miller, district attorney, for the appellee.

Before FOTH, C.J., ABBOTT and MEYER, JJ.


FOTH, C.J.:

This is an appeal from defendant's conviction of possession of heroin.

Defendant was charged by an information filed January 18, 1979, with the crime of possession of heroin with intent to sell. At the conclusion of the trial, the court prepared jury instructions both on possession of heroin with intent to sell and on simple possession, as requested by the State. Defense counsel objected to the giving of the latter instruction on...

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