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STATE v. FRANKLIN

No. 76,506.

264 Kan. 496 (1998)

958 P.2d 611

STATE OF KANSAS, Appellee, v. ADRIAN M. FRANKLIN, Appellant.

Supreme Court of Kansas.

Opinion filed April 17, 1998.

Attorney(s) appearing for the Case

Mark T. Schoenhofer, of Wichita, argued the cause, and Kurt P. Kerns, of Wichita, was with him on the brief for appellant.

Doyle Baker, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Carla J. Stovall, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

MCFARLAND, C.J.:

Adrian Franklin was convicted of voluntary manslaughter (K.S.A. 21-3403), a severity level 3 person felony, and sentenced to 51 months' imprisonment. He appeals from the trial court's denial of his motion for a new trial which was predicated upon a claim that the jury had failed to reach a unanimous verdict.

The underlying facts of the crime are not involved in the issue presented and will...

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