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STATE v. SMITH & MILLER

No. 49,046

225 Kan. 199 (1979)

588 P.2d 953

STATE OF KANSAS, Appellee, v. JERRY WAYNE SMITH and CAROL J. MILLER, Appellants. Cert. denied May 21, 1979, as to defendant Smith.

Supreme Court of Kansas.

Opinion filed January 20, 1979.

Attorney(s) appearing for the Case

William A. Wells, of Wichita, argued the cause and was on the brief for appellant Carol J. Miller.

Clyde Wendelken, of Wichita, argued the cause, and appellant Jerry Wayne Smith was on the brief pro se.

Stuart W. Gribble, 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

OWSLEY, J.:

Defendants have filed a motion for rehearing claiming the court erred in its statement of facts relating to the issue of a speedy trial. The motion has been considered and is hereby denied. Our original opinion, filed October 28, 1978, stated the complaint containing State charges was filed on September 3, 1975. Defendants claim the complaint was filed January 10, 1975. Further examination of the complaint...

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