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STATE v. BEREMAN

No. 39,549

177 Kan. 141 (1954)

276 P.2d 364

THE STATE OF KANSAS, Appellant, v. KENNETH E. BEREMAN, Appellee.

Supreme Court of Kansas.

Opinion filed November 13, 1954.

Attorney(s) appearing for the Case

Tom Crossan, county attorney, argued the cause, and Harold R. Fatzer, attorney general, Paul E. Wilson, assistant attorney general, and Glen Tongier, assistant county attorney, were with him on the briefs for the appellant.

Frank W. Liebert, of Coffeyville, argued the cause, and T. Richard Liebert, of Coffeyville, was with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

Defendant was placed on trial charged with the offense of an attempt under G.S. 1949, 21-101, to commit the crime denounced in G.S. 1949, 21-907. At the conclusion of the state's evidence, defendant moved for his discharge on the ground the evidence failed to prove a prima facie case of attempt to commit the crime charged. The motion was sustained by the...

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