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STATE v. WILSON

No. 58,762

11 Kan. App. 2d 504 (1986)

728 P.2d 1332

STATE OF KANSAS, Appellee, v. MARCUS WILSON, Appellant.

Court of Appeals of Kansas.

Opinion filed August 21, 1986.

Attorney(s) appearing for the Case

Lucille Marino, appellate defender, and Benjamin C. Wood, chief appellate defender, for appellant.

Sally Davis Pokorny, county attorney, and Robert T. Stephan, attorney general, for appellee.

Before BRAZIL, P.J., MEYER, J., and WILLIAM F. LYLE, JR., District Judge, assigned.

LYLE, J.:

Marcus Wilson appeals his conviction of presenting a false claim, in violation of K.S.A. 21-3904, and of presentment of claims not incurred, in violation of K.S.A. 75-3202.

The first issue is whether it was improper to charge and convict defendant under both K.S.A. 75-3202 and K.S.A. 21-3904. Defendant argues, in this issue of first impression, that K.S.A. 75-3202 is a specific statute and K.S.A. 21-3904 is a general statute, thus, K.S.A. 75-3202...

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