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STATE v. ROBERTS

No. 46,790

210 Kan. 786 (1972)

504 P.2d 242

STATE OF KANSAS, Appellee, v. JOHN DOYLE ROBERTS, Appellant.

Supreme Court of Kansas.

Opinion filed December 9, 1972.

Attorney(s) appearing for the Case

John C. Humpage, of Humpage & Stewart, of Topeka, argued the cause and was on the brief for the appellant.

John Mike Elwell, county attorney, argued the cause, and Vern Miller, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

This is an appeal from a conviction on two counts of grand larceny (K.S.A. 21-533). Defendant was committed to the Kansas State Penitentiary for confinement according to law. He was released on bond pending an appeal to this court.

On November 6, 1969, the defendant and John M. Kearns were stopped by Officer Miguel B. Garcia in Lawrence, Kansas. The automobile...

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