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STATE v. McMILLAN

No. 47,664

217 Kan. 633 (1975)

538 P.2d 683

STATE OF KANSAS, Appellee, v. CHARLES RODNEY McMILLAN, Appellant.

Supreme Court of Kansas.

Opinion filed July 17, 1975.

Attorney(s) appearing for the Case

Charles E. Orcutt, of Hutchinson, was on the brief for the appellant.

Curt T. Schneider, attorney general, and Porter K. Brown, county attorney, were on the brief for the appellee.

MEMORANDUM OPINION

Per Curiam:

Defendant-appellant Charles Rodney McMillan was convicted of aggravated battery as defined in K.S.A. 21-3414. His points on appeal are that the instructions given by the court were erroneous in three respects and the court erred in refusing to give an instruction submitting the lesser offense of simple battery.

As to the instructions given, the record does not disclose that objections to any of them were made at...

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