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STATE v. WERKOWSKI

No. 48,068

220 Kan. 648 (1976)

556 P.2d 420

STATE OF KANSAS, Appellee, v. ROBERT B. WERKOWSKI, Appellant.

Supreme Court of Kansas.

Opinion filed November 6, 1976.

Attorney(s) appearing for the Case

Christopher J. Redmond, of Redmond and Redmond, of Wichita, argued the cause and was on the brief for the appellant.

Stephen M. Joseph, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, Keith Sanborn, district attorney, and Robert L. Kennedy, Jr., assistant district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

MILLER,, J.:

The defendant, Robert B. Werkowski, was convicted of aggravated assault in violation of K.S.A. 21-3410, and was sentenced to imprisonment for not less than one year nor more than ten years. He appeals, alleging various trial errors. For reasons hereafter set out, we reverse.

The record discloses a run-of-the-mill tavern brawl. Werkowski and a friend, David...

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