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STATE v. WILSON

No. 42,065

187 Kan. 486 (1960)

357 P.2d 823

STATE OF KANSAS, Appellee, v. EARL WILSON, Appellant.

Supreme Court of Kansas.

Opinion filed December 10, 1960.

Attorney(s) appearing for the Case

Kenneth Ray argued the motion and was on the briefs for the appellant.

Robert J. Foster, county attorney, argued the motion, and John Anderson, Jr., attorney general, and Robert Hoffman, assistant attorney genera, were with him on the briefs for the appellee.

OPINION ON APPELLANT'S MOTION TO DISMISS

Per Curiam:

This is a capital case in which the death sentence has been stayed by this court during defendant's appeal to the court. Appellant has now filed a motion to dismiss his appeal. In a similar situation, this court speaking through Mr. Chief Justice Harvey, said in State v. Miller, 165 Kan. 228, at 238, 194 P.2d 498:

"Prior to that time appellant...

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