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STATE v. HERNANDEZ

No. 48,466

222 Kan. 175 (1977)

563 P.2d 474

STATE OF KANSAS, Appellee, v. VINCENT HERNANDEZ, Appellant.

Supreme Court of Kansas.

Opinion filed April 9, 1977.

Attorney(s) appearing for the Case

Thomas H. Bornholdt, of Cooke, North, Dickson and Bornholdt, Chartered, of Prairie Village, argued the cause and was on the brief for appellant.

Dale E. Hartung, assistant district attorney, argued the cause and Curt T. Schneider, attorney general, and Dennis W. Moore, district attorney, were with him on the brief for appellee.

The opinion of the court was delivered by

FATZER, C.J.:

This is a criminal appeal by the defendant-appellant, Vincent Hernandez, from a conviction by a jury of possession of burglary tools (K.S.A. 21-3717).

The appellant and one Albert Brocato were apprehended by police in Leawood, Kansas, on July 25, 1975. Brocato was tried and convicted for possession of burglary tools at a separate trial. The facts surrounding the apprehension and arrest of Hernandez...

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