STATE v. McCLAIN

No. 49,415

224 Kan. 464 (1978)

580 P.2d 1334

STATE OF KANSAS, Appellee, v. EDWARD J. McCLAIN, Appellant.

Supreme Court of Kansas.

Opinion filed July 15, 1978.


Attorney(s) appearing for the Case

Albert E. Grauberger, of Kansas City, was on the brief for the appellant.

Curt T. Schneider, attorney general, Nick A. Tomasic, district attorney, and Thomas L. Boeding, assistant district attorney, were on the brief for the appellee.


The opinion of the court was delivered by

FROMME, J.:

The defendant Edward J. McClain was convicted by a jury of two counts of aggravated robbery (K.S.A. 21-3427). On appeal he raises two points of error.

He contends the state failed to bring him to trial within ninety days as required by K.S.A. 22-3402. Defendant's original trial began on April 19, 1977. On failure of the jury to agree on a verdict a mistrial was declared on April 21, 1977. Defendant...

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