STATE v. McGREW

No. 43,309

190 Kan. 834 (1963)

378 P.2d 94

STATE OF KANSAS, Appellee, v. ARNOLD McGREW, JR., and GARY GARDNER, Appellants.

Supreme Court of Kansas.

Opinion filed January 26, 1963.


Attorney(s) appearing for the Case

Wilson E. Speer and Richard L. Roberts, both of Olathe, argued the cause and were on the briefs for the appellants.

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


The opinion of the court was delivered by

ROBB, J.:

This is an appeal in a criminal proceeding from the trial court's order overruling a motion for new trial.

The two defendants, appellants here, were prisoners in the Johnson county jail along with David Campbell. The three men were so-called "trusties" of the jail and from time to time were assigned certain work details by the jailer, who was a deputy sheriff. On the evening of December 31, 1961,...

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