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STATE v. SMITH

No. 47,619

216 Kan. 265 (1975)

530 P.2d 1215

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

Supreme Court of Kansas.

Opinion filed January 25, 1975.

Attorney(s) appearing for the Case

Darrel W. Frogley, of Kansas City, argued the cause and was on the brief for the appellant.

Nick A. Tomasic, 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

KAUL, J.:

This is an appeal from a conviction of murder in the second degree (K.S.A. 21-3402). Defendant was charged and tried on a two count information. In count No. 1 he was charged with murder in the first degree (K.S.A. 21-3401) and in count No. 2 with rape. Defendant was convicted of murder in the second degree on count No. 1 and acquitted of the charge of rape on count No. 2. Defendant's defense at trial was...

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