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STATE v. RUSH

No. 68,262

255 Kan. 672 (1994)

877 P.2d 386

STATE OF KANSAS, Appellee, v. CLIFFORD RUSH, Appellant.

Supreme Court of Kansas.

Opinion filed July 8, 1994.

Attorney(s) appearing for the Case

Thomas Jacquinot, staff attorney, of Kansas Defender Project, of Lawrence, argued the cause, and Russell H. Gilbert, student intern, of Lawrence, and Jessica R. Kunen, chief appellate defender, of Topeka, were with him on the briefs for appellant.

Michael A. Russell, assistant district attorney, argued the cause, and Nick A. Tomasic, district attorney, and Robert T. Stephan, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

This appeal comes before us on the defendant's petition for review of the judgment of the Court of Appeals in State v. Rush, 18 Kan.App.2d 694, 859 P.2d 387 (1993). The question is whether criminal trespass is a lesser included offense of burglary. We granted the defendant's petition...

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