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STATE v. HOUPT

No. 46,784

210 Kan. 778 (1972)

504 P.2d 570

STATE OF KANSAS, Appellee, v. HAROLD W. HOUPT, Appellant.

Supreme Court of Kansas.

Opinion filed December 9, 1972.

Attorney(s) appearing for the Case

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

David P. Calvert, Deputy County Attorney, argued the cause, and Vern Miller, Attorney General, Keith Sanborn, County Attorney, and Keith I. Motley, Deputy County Attorney, were on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

Defendant appeals from a felony conviction for the sale of d-lysergic acid diethylamide, commonly called LSD, in violation of provisions of the Uniform Narcotic Drug Act, (K.S.A. and K.S.A. 1971 Supp. 65-2601, et seq. [repealed, Laws of 1972, Chapter 234 (Laws of 1972, Chapter 235, amending Chapter 234)]). A jury was waived and in a trial to the court defendant admitted the drug sale but claimed entrapment...

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