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STATE v. BURNEY

No. 44,078

194 Kan. 292 (1965)

398 P.2d 335

THE STATE OF KANSAS, Appellant, v. JAMES BURNEY, Appellee.

Supreme Court of Kansas.

Opinion filed January 23, 1965.

Attorney(s) appearing for the Case

Richard H. Seaton, Assistant Attorney General, of Topeka, argued the cause, and William M. Ferguson, Attorney General, of Topeka, and A.L. Moffat, County Attorney, of Kinsley, were with him on the brief for the appellant.

Rae E. Batt, of Kinsley, argued the cause, and was on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

The State of Kansas brings this appeal, on a question reserved by it, from the sentence pronounced against the defendant, James Burney, in the district court of Pawnee county.

The facts are not in dispute and are summarized briefly, as follows: The defendant was charged with stealing an automobile of the value of $1400.00, in violation of G.S. 1961 Supp., 21-533. Upon his arraignment in district...

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