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STATE v. WAINWRIGHT

No. 43,156

190 Kan. 619 (1962)

376 P.2d 829

THE STATE OF KANSAS, Appellee, v. BRANCH MILTON WAINWRIGHT, Appellant.

Supreme Court of Kansas.

Opinion filed December 8, 1962.

Attorney(s) appearing for the Case

John J. Gardner, of Olathe, argued the cause and was on the brief for the appellant.

Hugh H. Kreamer, county attorney, argued the cause, and William M. Ferguson, attorney general, and Robert Hoffman, assistant attorney general, were with him on the brief for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

Defendant (appellant) Branch Milton Wainwright was charged, tried and convicted of grand larceny of clothing belonging to one J. Gordon Campbell. From an order overruling his motion for a new trial, defendant has appealed.

On his motion for a new trial the defendant contended for the first time that the verdict could not stand for the reason that one of the jurors was a nonresident of Johnson county...

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