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STATE v. RODRIQUEZ

No. 51,044

226 Kan. 558 (1979)

601 P.2d 686

STATE OF KANSAS, Appellee, v. JESSE A. RODRIQUEZ, Appellant.

Supreme Court of Kansas.

Opinion filed October 27, 1979.

Attorney(s) appearing for the Case

Paul M. Dent, Kansas City, argued the cause and was on the brief for the appellant.

Philip L. Sieve, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, and Nick A. Tomasic, district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

Jesse A. Rodriquez was tried and convicted in a joint trial with codefendant Michael McClure of murder in the first degree (K.S.A. 21-3401) for the killing of Loydene Gorda. Each man gave a statement to police out of the presence of the other. The statements were admitted into evidence, with a limiting instruction, over Rodriquez's objection. From his conviction, Rodriquez appeals. We reverse and remand for...

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