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STATE v. CLOTHIER

No. 61,006

243 Kan. 81 (1988)

753 P.2d 1267

STATE OF KANSAS, Appellant, v. LLOYD D. CLOTHIER, Appellee.

Supreme Court of Kansas.

Opinion filed April 29, 1988.

Attorney(s) appearing for the Case

Mona Furst, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, and Clark V. Owens, district attorney, were with her on the brief for appellant.

Jack Focht, of Focht, Hughey, Hund & Calvert, of Wichita, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

PRAGER, C.J.:

This is an appeal by the State on a question reserved following the acquittal of the defendant, Lloyd D. Clothier, on a charge of involuntary manslaughter (K.S.A. 1987 Supp. 21-3404).

The evidence presented at the trial was essentially as follows: Defendant Clothier was awakened by his barking dog at his home around 3:30 a.m. on November 23, 1986. He got up and let the dog out of the house. A...

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