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STATE v. LOPEZ

No. 40,615

182 Kan. 46 (1957)

318 P.2d 662

STATE OF KANSAS, Appellee, v. JULIO LOPEZ, Appellant.

Supreme Court of Kansas.

Opinion filed December 7, 1957.

Attorney(s) appearing for the Case

Charles S. Scott, of Topeka, argued the cause, and Elisha Scott and John J. Scott, both of Topeka, were with him on the briefs for the appellant.

Robert L. Deam, County Attorney, Junction City, argued the cause, and John Anderson, Jr., Attorney General, of Topeka, was with him on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

Appellant, Julio Lopez, was jointly charged with Eddie Alfaro and Albert Mureno with the larceny of various items of merchandise exceeding $20 in value from the J.C. Penney Clothing Store in Junction City, Kansas, on January 31, 1956. Appellant was tried by a jury in the district court of Geary County and convicted of the offense charged. Following the overruling of his motion for a new trial appellant...

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