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STATE v. GIBLER

No. 40,818

182 Kan. 578 (1958)

322 P.2d 829

STATE OF KANSAS, Appellee, v. IVAN THOMAS GIBLER, Appellant.

Supreme Court of Kansas.

Opinion filed March 8, 1958.

Attorney(s) appearing for the Case

Milton P. Allen, of Lawrence, argued the cause, and John B. Pierson, of Ottawa, was with him on the briefs for the appellant.

Thomas E. Gleason, of Ottawa, argued the cause, and John Anderson, Jr., attorney general, Donald L. White, county attorney, and Douglas Gleason, of Ottawa, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

Defendant was tried on an information charging him with the crime of manslaughter in the fourth degree (G.S. 1949, 21-420). From a conviction of driving a vehicle within this state while under the influence of intoxicating liquor (G.S. 1949, 8-530), he appeals.

The only question presented by defendant for review is whether the latter offense is a lesser included offense of the former one, as charged...

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