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STATE v. ROSS

No. 43,858

194 Kan. 692 (1965)

401 P.2d 915

STATE OF KANSAS, Appellee, v. THOMAS ROSS, Appellant.

Supreme Court of Kansas.

Opinion filed May 15, 1965.

Attorney(s) appearing for the Case

Earl Thomas Reynolds, of Coffeyville, was on the briefs for appellant.

Monte K. Heasty, Assistant County Attorney, argued the cause, and Robert C. Londerholm, Attorney General, and B.D. Watson, County Attorney, were with him on the brief for appellee.

The opinion of the court was delivered by

PRICE, J.:

In this case the defendant was charged with the offense of assault with intent to kill (K.S.A. 21-431). He was convicted of the lesser included offense of felonious assault (K.S.A. 21-435). Having previously been convicted of a felony (murder in the second degree), sentence under the habitual criminal statute (K.S.A. 21-107a) was imposed. He has appealed.

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