Opinion
No. 44,303
Opinion denying rehearing and modifying decision filed January 22, 1966.
SYLLABUS BY THE COURT
DECISIONS — Portion of Opinion Deleted. Paragraph 2 of the syllabus and the corresponding portion of the opinion in Sanders v. State, filed December 11, 1965, and reported at 195 Kan. 701, 408 P.2d 587, are hereby deleted and withdrawn. The decision is adhered to in all other respects.
Appeal from Ellis district court; BENEDICT P. CRUISE, judge. Opinion denying rehearing and modifying decision filed January 22, 1966.
Richard D. Coffelt, of Hays, argued the cause, and was on the brief for the appellant.
Don C. Staab, County Attorney, argued the cause, and Robert C. Londerholm, Attorney General, and Steven P. Flood, Assistant County Attorney, were with him on the brief for the appellee.
The opinion of the court was delivered by
Our opinion in this case was filed December 11, 1965, and is reported in Sanders v. State, 195 Kan. 701, 408 P.2d 587.
The appellant has filed a motion for rehearing. The motion has been considered and is hereby denied.
The appellee has filed a motion to delete paragraph 2 of the syllabus and the corresponding portion of the opinion. Upon consideration of this motion it is by the court sustained.
It is therefore ordered that paragraph 2 of the syllabus and the corresponding portion of the opinion are hereby deleted and withdrawn. The decision is adhered to in all other respects.