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STATE v. WHITING

No. 38,602

173 Kan. 711 (1953)

252 P.2d 884

THE STATE OF KANSAS, Appellee, v. D.A. WHITING, Appellant.

Supreme Court of Kansas.

Opinion filed January 24, 1953.

Attorney(s) appearing for the Case

Joe W. Moss, of Independence, argued the cause and John F. O'Brien, of Independence, was with him on the briefs for the appellant.

Glenn T. Crossan, deputy county attorney, argued the cause and Harold R. Fatzer, attorney general and Roy Kirby, county attorney, were with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

The defendant was charged with lascivious behavior in one count and assault and battery in the second count. He was convicted on the first count. He appeals.

At the close of the evidence the defendant filed a motion for a new trial on ten grounds. It was denied. The specifications of error were that the trial court erred in overruling the motion for a new...

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