STATE v. LOONEY

No. 40,456

181 Kan. 402 (1957)

312 P.2d 212

THE STATE OF KANSAS, Appellee, v. LEE ROSCOE LOONEY, Appellant.

Supreme Court of Kansas.

Opinion filed June 8, 1957.


Attorney(s) appearing for the Case

George E. Grist, of Wichita, argued the cause and was on the briefs for the appellant.

Warner Moore, County Attorney, of Wichita, argued the cause and John Anderson, Jr., Attorney General, of Topeka, and Keith Sanborn, R.K. Hollingsworth, Nicholas W. Klein, Guy L. Goodwin, Deputy County Attorneys, all of Wichita, were with him on the briefs for the appellee.


The opinion of the court was delivered by

HALL, J.:

This is an appeal from an order overruling a motion for new trial on the basis of newly discovered evidence and the refusal of the court to set aside a criminal verdict.

Although the facts of this appeal are unusual the legal questions involved are not of first impression in Kansas or other jurisdictions.

The defendant, Lee Roscoe Looney, was tried and convicted in the district court of Sedgwick...

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