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STATE v. HOLTHAUS

No. 48,595

222 Kan. 361 (1977)

564 P.2d 542

STATE OF KANSAS, Appellee, v. DONALD L. HOLTHAUS, Appellant.

Supreme Court of Kansas.

Opinion filed May 14, 1977.

Attorney(s) appearing for the Case

Michael K. Schmitt, of Hiawatha, argued the cause and was on the brief for the appellant.

Samuel L. Schuetz, county attorney, argued the cause and Curt T. Schneider, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

FATZER, C.J.:

This is an appeal from a conviction of criminal damage to property with a value of more than $50 and two counts of temporary deprivation of property, contrary to the provisions of K.S.A. 21-3720 and K.S.A. 21-3705, respectively.

The facts pertaining to the questions raised on appeal are not in serious dispute.

In the early morning hours of November 9, 1975, officers of the Hiawatha Police...

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