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STATE v. SHERK

No. 47,785

217 Kan. 726 (1975)

538 P.2d 1399

STATE OF KANSAS, Appellee, v. JOSEPH LEE SHERK, Appellant.

Supreme Court of Kansas.

Opinion filed July 17, 1975.

Attorney(s) appearing for the Case

J.R. Russell, of Kansas City, argued the cause, and was on the brief for the appellant.

Albert D. Keil, deputy district attorney, argued the cause, and Curt T. Schneider, attorney general, and Gene M. Olander, district attorney, were with him on the brief for the appellee.

John J. Ambrosio, assistant district defender, and Craig M. Cornish, Legal Intern, were on the brief amicus curiae for the Third Judicial District Public Defender.

The opinion of the court was delivered by

PRAGER, J.:

This is a direct appeal in a criminal action in which the defendant was convicted of aggravated juvenile delinquency under K.S.A. 1973 Supp. 21-3611 (1) (f). The facts are not in dispute and were stipulated at the trial before the district court sitting without a jury. Joseph Lee Sherk, the defendant-appellant, was born in 1958. In 1973 at the age of 15 he was found to be a miscreant child by the...

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