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STATE v. NEWELL

No. 50,370

226 Kan. 295 (1979)

597 P.2d 1104

STATE OF KANSAS, Appellee, v. RANDALL FRANCIS NEWELL, Appellant.

Supreme Court of Kansas.

Opinion filed July 14, 1979.

Attorney(s) appearing for the Case

Stephen M. Joseph, of Pendergraft, Glover & Joseph, P.A., of Wichita, argued the cause and was on the brief for the appellant.

Joseph P. O'Sullivan, county attorney, argued the cause, and Robert T. Stephan, attorney general and Joseph L. McCarville, assistant county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

Randall Francis Newell was convicted by a jury of possession of heroin with intent to sell and of possession of marijuana. He was sentenced, pursuant to the Habitual Criminal Act (K.S.A. 21-4504), to prison for not less than 10 years nor more than 40 years. The defendant appeals.

In November, 1977, Randall F. Newell lived at 819 East 4th Street, Hutchinson, Kansas, and was suspected by the Hutchinson...

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