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STATE v. SMITH

No. 47,493

215 Kan. 865 (1974)

528 P.2d 1195

STATE OF KANSAS, Appellee, v. WAYNE SMITH, Appellant.

Supreme Court of Kansas.

Opinion filed December 7, 1974.

Attorney(s) appearing for the Case

Charles M. Tuley, of May and Tuley, of Atchison, argued the cause, and John S. May, of the same firm, was with him on the brief for appellant.

J. David Farris, county attorney, argued the cause, and Larry R. Mears, assistant county attorney, was with him on the brief for appellee.

The opinion of the court was delivered by

FATZER, C.J.:

The appellant, Wayne Smith, was convicted by a jury of criminal injury to persons (K.S.A. 1973 Supp. 21-3431) and criminal damage to property (K.S.A. 1973 Supp. 21-3720). He was sentenced for a period of from one to five years for the crime of criminal injury to persons and for a period of from one to five years for the crime of criminal damage to property. (K.S.A. 1973 Supp. 21-4501 [e].) The...

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