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STATE v. NOBLE

No. 39,070

175 Kan. 398 (1953)

264 P.2d 479

STATE OF KANSAS, Appellee, v. LEE NOBLE, Appellant.

Supreme Court of Kansas.

Opinion filed December 12, 1953.

Attorney(s) appearing for the Case

C.L. Hoover, Robert A. Schermerhorn, and A.B. Fletcher, Jr., all of Junction City, Kan., were on the brief for the appellant.

Lee Hornbaker, of Junction City, Kan., argued the cause, and Harold Fatzer, attorney general, and William F. Stahl, of Junction City, Kan., were with him on the brief for the appellee.

The opinion of the court was delivered by

THIELE, J.:

Lee Noble was tried on an information charging him with murder in the first degree. He was convicted of manslaughter in the first degree. His motion for a new trial was denied and he was duly sentenced, and in due time perfected his appeal to this court. He specifies error in that the trial court failed to instruct on manslaughter in the second degree and in that...

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