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STATE v. REICHENBERGER

No. 46,542

209 Kan. 210 (1972)

495 P.2d 919

STATE OF KANSAS, Appellee, v. STEPHEN P. REICHENBERGER, and GARY D. FOUCH, Appellants.

Supreme Court of Kansas.

Opinion filed April 8, 1972.

Attorney(s) appearing for the Case

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

Mark W. Anderson, Deputy County Attorney, argued the cause, and Vern Miller, Attorney General; Keith Sanborn, County Attorney, and Barry Arbuckle, Deputy County Attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

Defendants appeal from felony convictions for possession and sale of marijuana in violation of the Uniform Narcotic Drug Act (K.S.A. 65-2501, et seq.). In a trial to the court the defense of entrapment was asserted by each defendant. The trial court's adverse finding is the subject of attack in this appeal. Defendants contend the evidence established entrapment as a matter of law.

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