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STATE v. FRY

No. 38,753

173 Kan. 536 (1952)

249 P.2d 929

STATE OF KANSAS, Appellant, v. A.J. FRY, Appellee.

Supreme Court of Kansas.

Opinion filed November 10, 1952.

Attorney(s) appearing for the Case

David W. Kester, county attorney, of Eureka, argued the cause, and Harold R. Fatzer, attorney general, and Warden L. Noe, special assistant attorney general, both of Topeka, were with him on the briefs for the appellant.

Thos. C. Forbes, of Eureka, argued the cause, and George S. Reynolds and Harold G. Forbes, both of Eureka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This was a prosecution for the larceny of neat cattle. On February 20, 1952, the county attorney of Greenwood county duly executed and filed in the district court of that county an amended information which charged "that on or about the 11th day of December, 1950, in the county of Greenwood and state of Kansas, A.J. Fry did then and there unlawfully, feloniously and willfully, take, steal, carry away...

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