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STATE v. LeVIER

No. 43,166

202 Kan. 544 (1969)

451 P.2d 142

STATE OF KANSAS, Appellee, v. JAMES LeVIER, Appellant.

Supreme Court of Kansas.

Opinion filed March 8, 1969.

Attorney(s) appearing for the Case

B.L. Pringle, of Topeka, argued the cause, and was on the briefs for the appellant.

Gene M. Olander, county attorney, argued the cause, and Kent Frizzell, attorney general, was with him on the briefs for the appellee.

The opinion of the court was delivered by

O'CONNOR, J.:

This is a reinstated direct appeal in a criminal action wherein the defendant, James LeVier, was convicted by a jury of assault with intent to ravish (G.S. 1949 [now K.S.A.] 21-431) and temporarily depriving the owner of an automobile of the use thereof (G.S. 1949 [now K.S.A.] 21-544). Following the denial of defendant's motion for new trial, the district court sentenced him

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