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STATE v. WHITE & STEWART

No. 49,326

225 Kan. 87 (1978)

587 P.2d 1259

STATE OF KANSAS, Appellee, v. JOHN ROBERT WHITE and JAMES S. STEWART, Appellants.

Supreme Court of Kansas.

Opinion filed December 9, 1978.

Attorney(s) appearing for the Case

Warren G. Jones, of Alkire, Dwire & Wood, of Wichita, argued the cause and was on the brief for appellant John Robert White; Willard L. Thompson, Jr., of Wichita, argued the cause and was on the brief for appellant James S. Stewart.

Harold T. Pickler, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, Vern Miller, district attorney, and Stuart W. Gribble, assistant district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

MILLER, J.:

James S. Stewart and John Robert White were convicted of murder in the second degree, K.S.A. 21-3402, and felony theft of a motor vehicle, K.S.A. 21-3701. Both appeal, raising numerous points which will be taken up later in this opinion.

We summarize the evidence in the three-week trial as follows: About 1:45 o'clock on Sunday afternoon, July 27, 1975, two...

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