STATE v. BABCOCK

No. 50,868

226 Kan. 356 (1979)

597 P.2d 1117

STATE OF KANSAS, Appellant, v. RAYMOND D. BABCOCK, Appellee.

Supreme Court of Kansas.

Opinion filed July 14, 1979.


Attorney(s) appearing for the Case

Frank J. Yeoman, Jr., assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, and Gene M. Olander, district attorney, were with him on the brief for the appellant.

Robert M. Brown, of Topeka, argued the cause and was on the brief for the appellee.


The opinion of the court was delivered by

McFARLAND, J.:

Raymond D. Babcock was convicted of burglary (K.S.A. 21-3715), although the briefs of the parties refer to the offense as being theft (K.S.A. 21-3701). The disposition of the case is summarized in chronological order as follows: (1) October 4, 1977, defendant received a 1 to 10 sentence; (2) January 19, 1978, sentence was suspended and defendant was placed on probation with special conditions relative...

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