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STATE v. CASE

No. 51,824

228 Kan. 733 (1980)

620 P.2d 821

STATE OF KANSAS, Appellee, v. EDWARD E. CASE, Appellant.

Supreme Court of Kansas.

Opinion filed December 6, 1980.

Attorney(s) appearing for the Case

Michael C. Helbert, of Guy & Helbert, of Emporia, argued the cause and was on the brief for appellant.

Jay W. Vander Velde, county attorney, argued the cause and Robert T. Stephan, attorney general, was with him on the brief for appellee.

The opinion of the court was delivered by

HOLMES, J.:

This is an appeal by defendant Edward E. Case from jury convictions of two counts of felony murder (K.S.A. 21-3401), one count of aggravated arson (K.S.A. 21-3719), one count of aggravated burglary (K.S.A. 21-3716), and one count of misdemeanor theft (K.S.A. 1979 Supp. 21-3701).

On the night of June 22, 1978, at approximately ten or eleven o'clock, the defendant and John Lunsford were driving in...

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