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STATE v. HAISLIP

No. 54,685

234 Kan. 329 (1983)

673 P.2d 1094

STATE OF KANSAS, Appellee, v. IVORY L. HAISLIP, Appellant.

Supreme Court of Kansas.

Opinion filed December 2, 1983.

Attorney(s) appearing for the Case

James D. Turner, of Turner & Weilert, of Wichita, argued the cause and Thomas J. Weilert, of the same firm, was with him on the brief for the appellant.

James E. Puntch, assistant district attorney, argued the cause and Robert T. Stephan, attorney general, Clark V. Owens, district attorney, and Geary N. Gorup, assistant district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

This is an appeal from a conviction for murder in the first degree (K.S.A. 21-3401), and aggravated battery on a law enforcement officer (K.S.A. 21-3415). We reverse and remand for a new trial.

The facts reveal Officers Paul Garofalo and Randy Mullikin of the Wichita Police Department were on routine vehicular patrol in the early morning hours of November 8, 1980. At 3:30 a.m. they were proceeding...

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