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STATE v. BEHLER

No. 52,209

230 Kan. 278 (1981)

634 P.2d 1071

STATE OF KANSAS, Appellee, v. PAUL BEHLER, Appellant.

Supreme Court of Kansas.

Opinion filed October 23, 1981.

Attorney(s) appearing for the Case

Martin J. Asher, of O'Keefe, Ball, O'Keefe & Lacey, of Atchison, argued the cause, and Maurice P. O'Keefe, Jr., of the same firm, was with him on the brief for the appellant.

Gunnar A. Sundby, county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is a direct appeal in a criminal action in which the defendant, Paul Behler, was convicted of aggravated battery (K.S.A. 21-3414). The case arose out of a fight which occurred in the parking lot of a tavern at Atchison. The victim, Vincent Bailey, received blows to the side of the head which caused serious injury. The defendant, although admitting that he participated in the fight, claimed self-defense...

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