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STATE v. MILES

No. 45,348

203 Kan. 707 (1969)

457 P.2d 166

THE STATE OF KANSAS, Appellee, v. OLIN MILES, Appellant.

Supreme Court of Kansas.

Opinion filed July 17, 1969.

Attorney(s) appearing for the Case

John C. Humpage, argued the cause, and William R. Stewart, of Topeka, Russell Cranmer, of Wichita, and John J. Manning, of Kansas City, Missouri, were with him on the brief for the appellant.

James Z. Hernandez, Deputy County Attorney, argued the cause, and Kent Frizzell, Attorney General, and Keith Sanborn, County Attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

This is an appeal by the defendant, Olin Miles, from a conviction of negligent homicide.

The case arises out of an accident which occurred southwest of Wichita on state highway K-42, a two-lane paved road running in a southwesterly direction, when Mr. Miles, driving a 1967 Pontiac hardtop, attempted to pass a car ahead of him driven by Mr. Ronald Tharp. As Miles pulled abreast of the Tharp car...

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