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STATE v. McQUEEN & HARDYWAY

Nos. 48,790, 49,047

224 Kan. 420 (1978)

582 P.2d 251

STATE OF KANSAS, Appellee, v. DONALD McQUEEN, Appellant. STATE OF KANSAS, Appellee, v. ELMER HARDYWAY, JR., Appellant.

Supreme Court of Kansas.

Opinion filed July 15, 1978.

Attorney(s) appearing for the Case

Jack Focht, of Smith, Shay, Farmer & Wetta, of Wichita, argued the cause and was on the brief for appellant Donald McQueen.

William D. Rustin, of Rustin, Just & Dewey, of Wichita, argued the cause and was on the brief for appellant Elmer Hardyway, Jr.

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

The opinion of the court was delivered by

FROMME, J.:

Donald McQueen and Elmer Hardyway, Jr., were jointly charged with participating in eight separate criminal incidents occurring between January 29 and March 9, 1975. The charges originally included 29 counts against one or both of these defendants. The charges arising from three of the eight criminal incidents were severed for separate trials. These two defendants ultimately were tried jointly for participating...

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