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STATE v. PERKINS

No. 43,736

193 Kan. 589 (1964)

396 P.2d 365

STATE OF KANSAS, Appellee, v. LETHEL PERKINS, Appellant.

Supreme Court of Kansas.

Opinion filed November 7, 1964.

Attorney(s) appearing for the Case

Joseph T. Carey, of Kansas City, argued the cause, and David W. Carson, John K. Dear, Ernest N. Yarnevich, John William Mahoney, and John H. Fields, all of Kansas City, were with him on the brief for the appellant.

James C. Thompson, Assistant County Attorney, argued the cause, and William M. Ferguson, Attorney General, Robert E. Hoffman, Assistant Attorney General, and Robert J. Foster, County Attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

Defendant was charged with the offenses of forcible rape (G.S. 1949, 21-424), and robbery in the first degree (G.S. 1949, 21-527).

He was represented by counsel of his own choosing at his preliminary examination (which he waived) and at his trial.

He was convicted of both charges. Having previously been convicted of a felony, sentence under the habitual criminal act (G.S. 1949, 21-107a) was...

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