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STATE v. DUKE

No. 45,571

205 Kan. 37 (1970)

468 P.2d 132

STATE OF KANSAS, Appellee, v. ELMER McDANIEL DUKE, Appellant.

Supreme Court of Kansas.

Opinion filed April 11, 1970.

Attorney(s) appearing for the Case

James F. Foster, of Wichita, argued the cause, and was on the brief for the appellant.

James Z. Hernandez, deputy county attorney, argued the cause, and Kent Frizzell, attorney general, Keith Sanborn, county attorney, and Russell E. Grant, deputy county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

O'CONNOR, J.:

The defendant, Elmer McDaniel Duke, has appealed from his conviction of the offense of unlawful possession of a pistol after having previously been convicted of grand larceny (K.S.A. 21-2611).

When his case came on for trial June 13, 1968, defendant waived a jury, and the matter was tried to the court. Defendant stipulated he possessed a pistol, as charged...

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