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STATE v. SEELY

No. 46,968

212 Kan. 195 (1973)

510 P.2d 115

STATE OF KANSAS, Appellee, v. STEPHEN N. SEELY, Appellant.

Supreme Court of Kansas.

Opinion filed May 12, 1973.

Attorney(s) appearing for the Case

E. Lael Alkire, of Alkire, Clausing, Coldsnow, Bush and Wilkinson, of Wichita, argued the cause and was on the brief for the appellant.

Reese Jones, assistant district attorney, argued the cause, and Vern Miller, attorney general, Keith Sanborn, district attorney, and Wallace Underhill, assistant district attorney, were on the brief for the appellee.

Ray Hodge, of Beaty, Hodge and Wood, of Wichita, submitted a brief amicus curiae.

The opinion of the court was delivered by

FOTH, C.:

Appellant was convicted of two counts of aggravated battery arising out of the brutal beating of two men in a grocery store parking lot in Wichita on November 18, 1971. Appellant was charged jointly with three others, but only he was convicted. He has appealed, alleging several trial errors.

At trial eyewitnesses told of a man being accosted by a group of seven other men, followed by what appeared...

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