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STATE v. SULLIVAN & SMITH

No. 46,861

210 Kan. 842 (1972)

504 P.2d 190

THE STATE OF KANSAS, Appellee, v. JIMMY W. SULLIVAN a/k/a JAMES W. SULLIVAN a/k/a JAMES SULLIVAN and JOE C. SMITH a/k/a JOE CLARENCE SMITH, Appellants.

Supreme Court of Kansas.

Opinion filed December 9, 1972.

Attorney(s) appearing for the Case

G. Edmond Hayes, of Wichita, argued the cause and was on the brief for the appellants.

David P. Calvert, deputy county attorney, argued the cause, and Vern Miller, attorney general, Keith Sanborn, county attorney, Reese Jones, deputy county attorney, and William C. Kitch, county attorney legal intern, were with him on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

Jimmy W. Sullivan and Joe C. Smith, who are the appellants in this case, were tried jointly, along with their co-defendant Chester Irving, on three criminal charges: (1) Felony possession of a shotgun with barrel less than eighteen inches in length, the defendants Smith and Irving having been convicted of felonies within 5 years prior thereto and the defendant Sullivan having been released from imprisonment...

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