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STATE v. CUSHINBERRY

No. 40,395

180 Kan. 448 (1956)

304 P.2d 561

THE STATE OF KANSAS, Appellee, v. PAUL CUSHINBERRY, JR., Appellant.

Supreme Court of Kansas.

Opinion filed December 8, 1956.

Attorney(s) appearing for the Case

P.A. Townsend, of Topeka, argued the cause and was on the brief for the appellant.

John S. May, County Attorney, Atchison, argued the cause, and John Anderson, Jr., Attorney General, of Topeka, and Robert F. Duncan, Assistant County Attorney, of Atchison, were with him on the brief for the appellee.

The opinion of the court was delivered by

THIELE, J.:

Paul Cushinberry, Jr., was tried on an information charging him with an attempt to commit murder in the first degree. The jury returned a verdict finding him guilty, and his motion for a new trial having been denied, he was sentenced to confinement in the state penitentiary. In due time he perfected his appeal to this court, specifying error in the particulars later discussed.

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