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STATE v. DANIELS

No. 48,867

223 Kan. 266 (1977)

573 P.2d 607

STATE OF KANSAS, Appellee, v. HAROLD DANIELS, Appellant.

Supreme Court of Kansas.

Opinion filed December 10, 1977.

Attorney(s) appearing for the Case

Stanley E. Antrim, of Light, Yoxall, Antrim & Richardson, of Liberal, and Lawrence D. Tackett, of Haines, Cowgill, Andell and Fuqua, of Houston, Texas, argued the cause and Michael P. Haines, of Haines, Cowgill, Andell & Fuqua, Houston, Texas, was with them on the brief for appellant.

Tom R. Smith, county attorney, argued the cause and Curt T. Schneider, attorney general, and Nancy Schmidt, of Frey, Smith and Schmidt, Liberal, were with him on the brief for appellee.

The opinion of the court was delivered by

HOLMES, J.:

This is a direct appeal by the defendant-appellant from a conviction of aggravated battery (K.S.A. 21-3414).

Defendant was charged with attempted murder (K.S.A. 21-3301 and K.S.A. 21-3401) against Jimmie Rogers and simple battery (K.S.A. 21-3412) against Ms. Sharon Goodhart. The trial court, over defendant's strenuous objection, gave instructions that aggravated...

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