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SMITH v. DEPPISH

Nos. 62939, 63470.

807 P.2d 144 (1991)

248 Kan. 217

Oliver K. SMITH, Jr., Appellant, v. William DEPPISH, as Sheriff of Geary County, Kansas, Appellee. STATE of Kansas, Appellee, v. Oliver K. SMITH, Jr., Appellant.

Supreme Court of Kansas.

March 1, 1991.

Attorney(s) appearing for the Case

Thomas Jacquinot, Asst. Appellate Defender, argued the cause, and Jessica R. Kunen, Chief Appellate Defender, and Ralph J. DeZago, Public Defender, were with him on the briefs, for appellant Oliver K. Smith, Jr.

Steven L. Opat, Sp. Prosecutor, Junction City, argued the cause, and Edwin Wheeler, Marion, and Robert T. Stephan, Attys. Gen., were with him on the brief, for appellee.

LOCKETT, Justice:

This is a consolidated appeal by Oliver K. Smith, Jr., who was convicted by a jury in Geary County of felony murder (K.S.A. 21-3401) and rape (K.S.A. 21-3502). He claims that (1) his constitutional right and his statutory right to a speedy trial under K.S.A. 22-3402 were violated; (2) the State violated his right to equal protection in using two of its peremptory challenges to strike blacks from the jury panel; and (3) the trial court erred in admitting...

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