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STATE v. WILSON

No. 52,243

6 Kan. App. 2d 302 (1981)

627 P.2d 1185

STATE OF KANSAS, Appellee, v. MICHAEL J. WILSON, Appellant. Affirmed , (1981).

Court of Appeals of Kansas.

Opinion filed May 8, 1981.

Attorney(s) appearing for the Case

Milo M. Unruh, Jr., of Arn, Mullins, Unruh, Kuhn & Wilson, of Wichita, for appellant.

Jack Peggs, assistant district attorney, Vern Miller, district attorney, and Robert T. Stephan, attorney general, for appellee.

Before REES, J., presiding, JUSTICE MILLER and STEVEN P. FLOOD, District Judge, assigned.

REES, J.:

Defendant appeals from jury convictions of burglary (K.S.A. 21-3715) and felony theft (K.S.A. 1980 Supp. 21-3701) and the sentences imposed.

Defendant claims error in the inclusion of an Allen-type instruction (PIK Crim. 68.12) among the instructions given prior to jury deliberation. There was no trial objection. The question is whether the giving of the instruction was clearly erroneous. Kiser v. Gilmore, 2 Kan...

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