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STATE v. BRADFORD

No. 47,883

219 Kan. 336 (1976)

548 P.2d 812

STATE OF KANSAS, Appellee, v. DENNIS RAY BRADFORD, Appellant.

Supreme Court of Kansas.

Opinion filed April 10, 1976.

Attorney(s) appearing for the Case

Richard H. Seaton, of Everett & Seaton, of Manhattan, argued the cause, and was on the brief for the appellant.

Dennis C. Sauter, assistant county attorney, argued the cause, and Curt T. Schneider, attorney general, and Paul E. Miller, county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

MILLER, J.:

Dennis Ray Bradford appeals from a conviction of murder in the second degree. He was tried on an information charging him with first-degree murder, committed during the perpetuation of a robbery in violation of K.S.A. 21-3401. He raises these points on appeal: that the court erred in instructing on second-degree murder because that offense is not included within...

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