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STATE v. PAXTON

No. 45,071

201 Kan. 607 (1968)

440 P.2d 650

STATE OF KANSAS, Appellee and Cross-Appellant, v. ELMER G. PAXTON, Appellant and Cross-Appellee.

Supreme Court of Kansas.

Supplemental opinion filed June 19, 1968.

Attorney(s) appearing for the Case

Raymond L. Spring, of Topeka, argued the cause, and Dale H. Corley, Lelyn J. Braun and Patrick J. Regan, of Garden City, and Richard D. Greene, of Denver, Colorado, were with him on the brief for the appellant and cross-appellee.

Daniel D. Metz, assistant attorney general, argued the cause, and Robert C. Londerholm, attorney general, and John S. Elting, county attorney, were with him on the brief for the appellee and cross-appellant.

The opinion of the court was delivered by O'CONNOR, J.:

The defendant (appellant) has filed a motion for rehearing on the decision affirming his conviction (State v. Paxton, 201 Kan. 353, 440 P.2d 650). After careful consideration we find the motion should be and it is hereby denied.

Our attention, however, has been directed to certain matters in the second paragraph of page 361 of...

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