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STATE v. JACKSON

No. 61,445

244 Kan. 621 (1989)

772 P.2d 747

STATE OF KANSAS, Appellee, v. RODNEY E. JACKSON, Appellant.

Supreme Court of Kansas.

Opinion filed April 14, 1989.

Attorney(s) appearing for the Case

Steven R. Zinn, supervising attorney, of Kansas Appellate Practice Clinic, of Lawrence, argued the cause, and Jeff Bergschneider, legal intern, and Benjamin C. Wood, chief appellate defender, of Topeka, were with him on the brief for appellant.

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 appellee.

The opinion of the court was delivered by:

HOLMES, J.:

Rodney E. Jackson appeals from his conviction by a jury of one count of aggravated battery, K.S.A. 21-3414. The Court of Appeals affirmed the conviction in an unpublished opinion filed October 7, 1988. We granted the appellant's petition for review. We reverse.

Robert Thurman, the victim in this case, testified that in October 1983 he attended a party at a sorority house. Shortly after midnight...

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