STATE v. FAGAN

No. 46,836

213 Kan. 587 (1973)

518 P.2d 552

STATE OF KANSAS, Appellee, v. HERBERT CORNELIUS FAGAN, Appellant.

Supreme Court of Kansas.

Opinion filed January 26, 1973.


Attorney(s) appearing for the Case

Kermit M. Beal, of Lawrence, argued the cause, and Gary E. Krause, also of Lawrence, was with him on the brief for the appellant.

David Berkowitz, 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

FONTRON, J.:

The defendant, Herbert Cornelius Fagan, was convicted of aggravated burglary and aggravated robbery. He was given consecutive sentences and has appealed. He contends the trial court erred in two particulars: First, in admitting certain items of physical evidence and second, in overruling his motion for discharge.

Before examining the points raised, we pause to relate the circumstances surrounding...

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