The opinion of the court was delivered by
O'CONNOR, J.:
The defendant, Milas White, was convicted by a jury of attempting to pass and utter a forged instrument (K.S.A. 21-621). Following conviction, denial of a motion for new trial, and imposition of sentence under the habitual criminal act, defendant perfected his appeal.
White was originally charged and tried on two counts: forgery of a check, and attempting to pass and utter the same instrument...
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