STATE v. SMITH

No. 48,493

223 Kan. 294 (1978)

574 P.2d 161

STATE OF KANSAS, Appellee, v. WARREN SMITH, Appellant. OPINION ON REHEARING

Supreme Court of Kansas.

Opinion filed January 21, 1978.


Attorney(s) appearing for the Case

Hugh R. McCullough, of Topeka, argued the cause and was on the brief for the appellant.

Donald P. Morrison, assistant district 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

HOLMES, J.:

This appeal was recently before this court and was dismissed for apparent lack of jurisdiction in an opinion filed November 5, 1977.

At the time of the original hearing and decision in this case, the record supplied by counsel affirmatively reflected the appeal was filed out of time and that this court had no jurisdiction. Subsequent to our original opinion the defendant was granted leave to file...

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