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STATE v. OSBURN

No. 47,565

216 Kan. 638 (1975)

533 P.2d 1229

STATE OF KANSAS, Appellee, v. CARL DEAN OSBURN, Appellant.

Supreme Court of Kansas.

Opinion filed April 5, 1975.

Attorney(s) appearing for the Case

R. Daniel Lykins, of Topeka, argued the cause, and was on the brief for the appellant.

Gene M. Olander, district attorney, argued the cause, and Curt T. Schneider, 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 a criminal action in which the defendant-appellant, Carl Dean Osburn, was convicted of one count of possession of a narcotic drug, heroin, under K.S.A. 65-2502 (Corrick). This case was previously before this court on appeal in State v. Osburn, 211 Kan. 248, 505 P.2d 742. The factual circumstances which...

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