STATE v. BIRCHER

No. 48,951

2 Kan. App. 2d 15 (1978)

573 P.2d 1128

STATE OF KANSAS, Appellee, v. WILLIAM D. BIRCHER, Appellant.

Court of Appeals of Kansas.

Petition for review denied April 10, 1978.


Attorney(s) appearing for the Case

T.L. O'Hara, of Warner, Bailey & O'Hara, of Wichita, for the appellant.

Stuart Gribble, Assistant District Attorney, Vern Miller, District Attorney, and Curt T. Schneider, Attorney General, for the appellee.

Before REES, P.J., ABBOTT and PARKS, JJ.


PARKS, J.:

This is an appeal from a jury verdict which found William D. Bircher (defendant-appellant) guilty of aggravated burglary (K.S.A. 21-3716) and aggravated battery (K.S.A. 21-3414) arising from an attack on Henry Huebner on January 25, 1976.

Sixteen-year-old Henry Huebner was asleep in his bedroom with stereo headphones covering his ears when he was awakened by a man beating him with a cast-covered hand and forearm. Henry recognized his assailant as...

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