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STATE v. RADKE

No. 37,723

168 Kan. 334 (1949)

212 P.2d 296

THE STATE OF KANSAS, Appellee, v. ERNEST RADKE, Appellant.

Supreme Court of Kansas.

Opinion filed December 10, 1949.

Attorney(s) appearing for the Case

Bruce C. Heath, of Abilene, argued the cause and was on the briefs for the appellant.

John V. O'Donnell, county attorney of Ellsworth, argued the cause, and Harold R. Fatzer, attorney general, and C. Harold Hughes, assistant attorney general, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ARN, J.:

This is an appeal from a conviction upon a charge of attempting to commit statutory rape upon a five-year-old girl. Appellant, a man in his middle forties, was first tried on October 14, 1948, but the jury was unable to agree upon a verdict and it was declared to be no trial. At the following term, and on February 16, 1949, appellant was tried and convicted.

Preliminary to the trial of October 14,...

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