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STATE v. NOTT

No. 55,217

234 Kan. 34 (1983)

669 P.2d 660

STATE OF KANSAS, Appellant, v. CLEMENS C. NOTT, JR., a/k/a DEAN NOTT, Appellee.

Supreme Court of Kansas.

Opinion filed September 6, 1983.

Attorney(s) appearing for the Case

William C. O'Keefe, county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellant.

James A. Patton, of Hiawatha, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This is an appeal by the State on a question reserved pursuant to K.S.A. 22-3602(b)(3). The question on which determination is sought is whether the trial court improperly prohibited the State from cross-examining defendant Clemens C. Not relative to his invocation of the Fifth Amendment to the United States Constitution in the earlier trial of two codefendants...

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