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STATE v. HOWELL

No. 48,931

223 Kan. 282 (1977)

573 P.2d 1003

STATE OF KANSAS, Appellee, v. RICHARD HOWELL, Appellant.

Supreme Court of Kansas.

Opinion filed December 10, 1977.

Attorney(s) appearing for the Case

Ernest H. Moulos, of Wichita, argued the cause and was on the brief for appellant.

Stuart W. Gribble, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, Vern Miller, district attorney, Stephen M. Joseph, assistant district attorney, and Bradley Bergman, legal intern, were with him on the brief for appellee.

The opinion of the court was delivered by

HOLMES, J.:

This is a direct appeal by defendant-appellant from convictions, by a jury, of (1) aggravated assault (K.S.A. 21-3410), (2) aggravated burglary (K.S.A. 21-3716), (3) rape (K.S.A. 21-3502), and (4) aggravated sodomy (K.S.A. 21-3506). In the information defendant was charged in count one with aggravated assault "... with a deadly weapon, to-wit: a knife, and with the intention to commit the crime of rape...

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