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STATE v. DAVIS

No. 50,541

4 Kan. App. 2d 210 (1979)

604 P.2d 68

STATE OF KANSAS, Appellee, v. MARVIN BERNARD DAVIS, Appellant.

Court of Appeals of Kansas.

Opinion filed December 21, 1979.

Attorney(s) appearing for the Case

John J. Ambrosio, of Levy, Ambrosio & McDowell, of Topeka, for appellant.

C. William Ossmann, assistant district attorney, Gene M. Olander, district attorney, and Robert T. Stephan, attorney general, for appellee.

Before FOTH, C.J., ABBOTT and MEYER, JJ.

ABBOTT, J.:

This is a direct appeal by defendant, Marvin Bernard Davis, from a jury conviction of aggravated battery (K.S.A. 21-3414). The defendant was also convicted of attempted misdemeanor theft (K.S.A. 1978 Supp. 21-3701 and K.S.A. 21-3301), but does not challenge that conviction. The sole issue on appeal is the sufficiency of the State's evidence to withstand a motion for acquittal on defendant's aggravated battery...

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