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STATE v. HAYDEN

No. 51,121

4 Kan. App. 2d 335 (1980)

606 P.2d 115

STATE OF KANSAS, Appellee, v. RICKEY C. HAYDEN, Appellant.

Court of Appeals of Kansas.

Opinion filed February 8, 1980.

Attorney(s) appearing for the Case

Frank R. Cobb, of Wichita, for the appellant.

Michael Barbara, assistant district attorney, Vern Miller, district attorney, and Robert T. Stephan, attorney general, for the appellee.

Before REES, P.J., SPENCER and MEYER, JJ.

SPENCER, J.:

Defendant was charged with one count of burglary, K.S.A. 21-3715, and one count of felony theft, K.S.A. 1979 Supp. 21-3701(a). He was found guilty of theft but the jury did not return a verdict on the charge of burglary. This was the second trial of defendant on these charges, an earlier trial having resulted in a hung jury.

On appeal, defendant argues (1) it was error to permit endorsement of an additional witness for the State; (2) the...

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