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STATE v. CLARK

No. 38,492

171 Kan. 734 (1951)

237 P.2d 255

THE STATE OF KANSAS, Appellant, v. EDWARD LEROY CLARK, Appellee.

Supreme Court of Kansas.

Opinion filed November 10, 1951.

Attorney(s) appearing for the Case

Willis K. Dillenberger, assistant county attorney, argued the cause, and Harold R. Fatzer, attorney general, and Oren Gray, county attorney, were with him on the briefs for the appellant.

Jack L. Goodrich, of Parsons, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This is an appeal by the State from an order granting defendant a new trial following his conviction of grand larceny.

The defendant was charged with the larceny of a hat and topcoat alleged to be of the value of $60. We are told that the jury found the property to be of the value of $35. Following his conviction defendant filed a motion for a new trial...

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