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STATE v. PHILLIPS

No. 44,465

197 Kan. 70 (1966)

415 P.2d 421

STATE OF KANSAS, Appellee, v. MELVIN PHILLIPS, Appellant.

Supreme Court of Kansas.

Opinion filed June 11, 1966.

Attorney(s) appearing for the Case

Gary A. Savaiano and Patrick L. Connolly, both of Topeka, were on the brief for the appellant.

Robert D. Hecht, County Attorney, argued the cause, and Robert C. Londerholm, Attorney General, was with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a criminal action in which the defendant-appellant, Melvin Phillips, was charged in one count with felonious assault, as defined by G.S. 1949 (now K.S.A.), 21-431, and in a second count with sodomy, as defined by G.S. 1949 (now K.S.A), 21-907.

The case was tried to a jury and resulted in a conviction. The trial court after overruling the defendant's motion for a new trial sentenced him...

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