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STATE v. SMITHERMAN

No. 41,902

187 Kan. 264 (1960)

356 P.2d 675

STATE OF KANSAS, Appellee, v. LEON C. SMITHERMAN, Appellant.

Supreme Court of Kansas.

Opinion filed November 12, 1960.

Attorney(s) appearing for the Case

John A. Etling, of Kinsley, and James B. McKay, Jr., of El Dorado, argued the cause, and W.N. Beezley, of Kinsley; and J.B. McKay, of El Dorado, were with them on the briefs for the appellant.

Rae E. Batt, county attorney, argued the cause, and John Anderson, Jr., attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

Defendant was charged with unlawfully and wilfully stealing and carrying away certain crude oil. He was found guilty on an information charging him with grand larceny on three counts, as defined by G.S. 1957 Supp., 21-533, and with petty larceny on one count, as defined by G.S. 1957 Supp., 21-535. He appeals, specifying errors hereinafter discussed.

The record discloses that several landowners (Wilson...

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