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STATE v. ARNOLD

No. 48,801

223 Kan. 715 (1978)

576 P.2d 651

STATE OF KANSAS, Appellee, v. VERLIE ARNOLD, JR., Appellant.

Supreme Court of Kansas.

Opinion filed April 1, 1978.

Attorney(s) appearing for the Case

Patrick L. Dougherty, of Wichita, argued the cause and was on the brief for the appellant.

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

The opinion of the court was delivered by

SCHROEDER, C.J.:

This is a review of the judgment of the Court of Appeals entered in State v. Arnold, 1 Kan.App.2d 642, 573 P.2d 1087.

The sole issue raised in this appeal is whether the trial court erred in refusing to instruct on the offense of battery as a lesser included offense of attempted rape.

The facts are...

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