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STATE v. GIBBONS

No. 70,249

256 Kan. 951 (1995)

STATE OF KANSAS, Appellee, v. JON G. GIBBONS, Appellant.

Supreme Court of Kansas.

Opinion filed February 3, 1995.

Attorney(s) appearing for the Case

Jean K. Gilles-Phillips, assistant appellate defender, argued the cause, and Wendy L. Rhyne Slayton, special appellate defender, and Jessica R. Kunen, chief appellate defender, were on the briefs for appellant.

Brandi L. Dunning, assistant county attorney, argued the cause, and Robert Forer, county attorney, and Robert T. Stephan, attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

Defendant appeals his convictions and sentencing on one count of attempted first-degree murder, a class B felony in violation of K.S.A. 1991 Supp. 21-3301 and K.S.A. 1991 Supp. 21-3401, and one count of possession of a concealed weapon, a class B misdemeanor in violation of K.S.A. 21-4201(d). Defendant claims that (1) the trial judge failed to instruct on attempted...

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