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STATE v. SCHOENBERGER

No. 47,572

216 Kan. 464 (1975)

532 P.2d 1085

THE STATE OF KANSAS, Appellee, v. JIM SCHOENBERGER, Appellant.

Supreme Court of Kansas.

Opinion filed March 1, 1975.

Attorney(s) appearing for the Case

Thomas C. Boone, of Hays, argued the cause and was on the brief for the appellant.

Robert L. Earnest, special assistant county attorney, argued the cause, and Curt T. Schneider, attorney general, and Michael S. Holland, county attorney, were with him in the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

This appeal emanates from a conviction of aggravated assault under K.S.A. 21-3410 and the imposition of a sentence of from one to ten years.

The incident giving rise to the criminal charge occurred October 13, 1973, during a street fracas in Russell, Kansas. Two groups were involved, three young black brothers on one side, members of the Murphy family...

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