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STATE v. HOLLAND

No. 56,801

236 Kan. 840 (1985)

696 P.2d 401

STATE OF KANSAS, Appellant, v. RORY C. HOLLAND, Appellee.

Supreme Court of Kansas.

Opinion filed March 2, 1985.

Attorney(s) appearing for the Case

Kyle G. Smith, assistant county attorney, argued the cause, and Rodney H. Symmonds, county attorney, and Robert T. Stephan, attorney general, were with him on the brief for appellant.

Neil Roach, of Roach and Mellinger, P.A., of Emporia, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

MILLER, J.:

This is an appeal by the State of Kansas, pursuant to K.S.A. 22-3602(b)(3), upon a question reserved by the prosecution during the criminal trial in this case. Defendant, Rory C. Holland, was charged and tried in Lyon County District Court with kidnapping, K.S.A. 21-3420, and aggravated assault, K.S.A. 21-3410. He was convicted of the lesser included offenses of unlawful restraint, K.S.A. 21-3424, and assault...

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