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STATE v. CARPENTER

No. 47,392

215 Kan. 573 (1974)

527 P.2d 1333

STATE OF KANSAS, Appellee, v. EBEN W. CARPENTER, Appellant.

Supreme Court of Kansas.

Opinion filed November 2, 1974.

Attorney(s) appearing for the Case

Edwin P. Carpenter, of Turner, Chartered, argued the cause, and Dennis Horner, of Kansas City, was with him on the brief for the appellant.

Gene M. Olander, District 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

PRAGER, J.:

This is a direct appeal in two criminal cases. In one case the defendant-appellant, Eben W. Carpenter, was charged with first-degree murder and convicted by a jury of second-degree murder under K.S.A. 1971 Supp. 21-3402. In the second case the defendant was tried to the court on an agreed stipulation of facts and was convicted of thirty counts of theft under K...

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