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STATE v. GUSTIN

No. 47,047

212 Kan. 475 (1973)

510 P.2d 1290

STATE OF KANSAS, Appellant, v. JACK D. GUSTIN, Appellee.

Supreme Court of Kansas.

Opinion filed June 9, 1973.

Attorney(s) appearing for the Case

J. Stewart McWilliams, assistant district attorney, argued the cause, and Margaret W. Jordan, district attorney, and Vern Miller, attorney general, were with him on the brief for the appellant.

Harlan L. Long, of Shawnee Mission, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

This is a criminal appeal by the state asking this court to reverse a judgment of acquittal, reinstate the jury verdict of guilty, and order the trial court to consider defendant's motion for new trial. The issue involves an interpretation of K.S.A. 1972 Supp. 22-3419. The state also claims the trial court erred in giving Instruction No. 1, generally referred to...

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