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STATE v. FITZGIBBON

No. 46,819

211 Kan. 553 (1973)

507 P.2d 313

THE STATE OF KANSAS, Appellee, v. FRANK FITZGIBBON, Appellant.

Supreme Court of Kansas.

Opinion filed March 3, 1973.

Attorney(s) appearing for the Case

David J. Phillips, deputy district defender, of Topeka, argued the cause and was on the brief for the appellant.

Donald P. Morrison, assistant district attorney, argued the cause, and Vern Miller, attorney general, and Gene M. Olander, county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

This is a direct appeal from a jury conviction of the defendant and his sentence to the custody of the director of penal institutions: (1) for a period of not less than one year nor more than ten years for the offense of selling marijuana under K.S.A. 65-2502; (2) for a period of not less than one year nor more than five years for the offense of conspiracy to sell...

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