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STATE v. MYERS

No. 67,626

255 Kan. 3 (1994)

872 P.2d 236

STATE OF KANSAS, Appellee, v. KYM E. MYERS, Appellant.

Supreme Court of Kansas.

Opinion filed April 15, 1994.

Attorney(s) appearing for the Case

Dennis Moore, of Moriarty, Erker & Moore, of Overland Park, argued the cause, and Kathleen L. Sloan, of the same firm, was with him on the brief for appellant.

JaLynn Copp, assistant attorney general, argued the cause, and Robert T. Stephan, attorney general, was with her on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

This case describes the nature of the duty imposed on the trial court by K.S.A. 22-3420(3) to read back testimony requested by a jury during deliberations. The issue is whether the trial court's failure to read back the requested testimony is reversible error. The Court of Appeals, in an unpublished opinion filed September 3, 1993, found reversible error and remanded for a new trial. We granted the State's...

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