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STATE v. THOMAS

No. 48,108

220 Kan. 104 (1976)

551 P.2d 873

STATE OF KANSAS, Appellee, v. JESSE L. THOMAS, Appellant.

Supreme Court of Kansas.

Opinion filed June 12, 1976.

Attorney(s) appearing for the Case

James S. Phillips, Jr., of Phillips & Phillips, Chartered, of Wichita, argued the cause and was on the brief for the appellant.

Stephen E. Robison, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general and Keith Sanborn, district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER,, J.:

This is an appeal in a criminal action by Jesse L. Thomas (defendant-appellant) from a jury verdict which found him guilty of aggravated battery. (K.S.A. 21-3414.) The appellant challenges the sufficiency of the evidence and contends numerous trial errors were committed.

Larry Pennington, the complaining witness, owed the appellant $100. On April 10, 1974, Larry Pennington was half asleep on...

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