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STATE v. WILSON

No. 48,976

223 Kan. 563 (1978)

575 P.2d 32

STATE OF KANSAS, Appellee, v. JOHN A. WILSON, Appellant.

Supreme Court of Kansas.

Opinion filed February 25, 1978.

Attorney(s) appearing for the Case

Frank E. Robbins, of Hiebsch, Robbins & Tinker, of Wichita, argued the cause and was on the brief for appellant.

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

The opinion of the court was delivered by

HOLMES, J.:

This is a direct appeal by the defendant-appellant from a jury conviction of one count of aggravated battery (K.S.A. 21-3414) and one count of criminal injury to persons (formerly K.S.A. 21-3431). Defendant was originally charged with two counts of aggravated battery and the court had instructed the jury on criminal injury to persons as being a lesser included offense.

The factual situation as described...

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