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STATE v. MARTIN

No. 56,934

237 Kan. 285 (1985)

699 P.2d 486

STATE OF KANSAS, Appellant, v. ANTHONY RAY MARTIN, Appellee.

Supreme Court of Kansas.

Opinion filed May 10, 1985.

Attorney(s) appearing for the Case

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

Charles A. O'Hara, of O'Hara, O'Hara & Tousley, of Wichita, argued the cause, and Ernest L. Tousley, of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

This is an appeal by the State on a question reserved from the trial of Anthony Ray Martin for murder in the first degree, K.S.A. 21-3401, and aggravated battery of a law enforcement officer, K.S.A. 21-3415. Martin was acquitted. The facts relating to the homicide and shooting are stated in State v. Haislip, 234 Kan. 329, 673 P.2d 1094

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