STATE v. FRANKLIN

No. 45,985

206 Kan. 527 (1971)

479 P.2d 848

STATE OF KANSAS, Appellee, v. JOHN WAYNE FRANKLIN, Appellant.

Supreme Court of Kansas.

Opinion filed January 23, 1971.


Attorney(s) appearing for the Case

Philip L. Sieve, of Kansas City, Kansas argued the cause and was on the brief for the appellant.

Nick A. Tomasic, Chief Deputy County Attorney, argued the cause, and Kent Frizzell, Attorney General, and Frank D. Menghini, County Attorney, were with him on the brief for the appellee.


The opinion of the court was delivered by

FONTRON, J.:

The defendant, John Wayne Franklin, was convicted of assault with intent to kill. He contends on appeal, first, that the verdict not only is unsupported by the evidence but is against the weight of the evidence, and second, that the trial court erred in allowing the state to impeach one of its own witnesses.

There should be no need to point out, at this late date, that we do not weigh evidence...

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