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STATE v. NEAL

No. 47,386

215 Kan. 737 (1974)

529 P.2d 114

STATE OF KANSAS, Appellee, v. JOHN M. NEAL, JR., Appellant.

Supreme Court of Kansas.

Opinion filed December 7, 1974.

Attorney(s) appearing for the Case

Gerald Sawatzky, of Wichita, argued the cause and was on the brief for the appellant.

Stephen M. Joseph, assistant district attorney, argued the cause, and Vern Miller, attorney general, Keith Sanborn, district attorney, Clifford L. Bertholf, assistant district attorney, and Russell W. Davisson, legal intern, were with him on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

The defendant, John M. Neal, Jr., was charged with and convicted of possessing a .32 caliber pistol after having been convicted of a felony within the past five (5) years.

K.S.A. 1973 Supp. 21-4204 (1) (b), under which the charge was brought, provides as follows:

"(1) Unlawful possession of a firearm is:

"(b) Possession of a firearm with a barrel less than twelve...

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