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STATE v. KEARNS

No. 46,655

211 Kan. 158 (1973)

505 P.2d 676

STATE OF KANSAS, Appellee, v. JOHN M. KEARNS, Appellant.

Supreme Court of Kansas.

Opinion filed January 20, 1973.

Attorney(s) appearing for the Case

John C. Humpage, of Humpage and 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, and Jerry L. Donnelly, assistant county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

This a companion case to State v. Roberts, 210 Kan. 786, 504 P.2d 242). Although tried separately, the appellant John M. Kearns and his colleague John Doyle Roberts were each convicted of the same two counts of grand larceny, on substantially identical testimony. Each was represented by the same attorney, who made virtually the same...

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