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STATE v. SMITH

No. 68,606

254 Kan. 144 (1993)

864 P.2d 709

STATE OF KANSAS, Appellee, v. ROSE MARIE SMITH, Appellant.

Supreme Court of Kansas.

Opinion filed December 10, 1993.

Attorney(s) appearing for the Case

Rebecca E. Woodman, assistant appellate defender, argued the cause, and Wendy L. Rhyne Slayton, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, were with her on the brief for appellant.

Jennifer M. Wieland, assistant county attorney, argued the cause, and Mary A. McDonald, county attorney, and Robert T. Stephan, attorney general, were with her on the brief for appellee.

The opinion was delivered by

DAVIS, J.:

The defendant, Rose Marie Smith, was convicted following a jury trial of two counts of attempted second-degree murder and one count of kidnapping. On appeal, she contends that the two attempted second-degree murder charges are multiplicitous. She raises two claims of error involving the court's instructions to the jury. Finally, she claims that the trial court abused its discretion...

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