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STATE v. GOMEZ

No. 55,443

234 Kan. 447 (1983)

673 P.2d 1160

STATE OF KANSAS, Appellee, v. ANASTACIO BURTOS GOMEZ, Appellant.

Supreme Court of Kansas.

Opinion filed December 2, 1983.

Attorney(s) appearing for the Case

Kenton D. Wirth, of Wichita, argued the cause and was on the brief for appellant.

Dell Marie Shanahan, legal intern, argued the cause, and Geary N. Gorup, assistant district attorney, Clark v. Owens, district attorney, and Robert T. Stephan, attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by

MILLER, J.:

Anastacio Burtos Gomez appeals from his conviction by a jury in Sedgwick County District Court of aggravated robbery, K.S.A. 21-3427. He contends that the trial court erred in ruling that the bill taken from the victim's wallet was "property" as a matter of law, in refusing to instruct the jury on the statutory definition of property, in refusing to instruct on the lesser included offense of robbery, and...

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