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STATE v. SCOBEE

No. 59,650

242 Kan. 421 (1988)

748 P.2d 862

STATE OF KANSAS, Appellee, v. PAUL A. SCOBEE, Appellant.

Supreme Court of Kansas.

Opinion filed January 15, 1988.

Attorney(s) appearing for the Case

Steven B. Doering, of Cole & Doering, of Garnett, argued the cause and was on the briefs for appellant.

Herman A. Loepp, county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the briefs for appellee.

The opinion of the court was delivered by

HOLMES, J.:

Paul A. Scobee appeals his conviction by a jury of one count of involuntary manslaughter (K.S.A. 1986 Supp. 21-3404). The Kansas Court of Appeals, in an unpublished opinion filed June 18, 1987, reversed the conviction and remanded the case for a new trial. Although the panel of the Court of Appeals was unanimous in granting a reversal, it was divided as to the proper instructions to be given in the second...

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