(DOWNLOAD) "State v. Larkin" by Supreme Court of Kansas ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Larkin
- Author : Supreme Court of Kansas
- Release Date : January 12, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
The opinion of the court was delivered by This is the second criminal appeal by Patrick Edward Larkin (defendant-appellant) who was convicted by a jury of the offenses of burglary (K.S.A. 1972 Supp. 21-3715) and the theft of property of a value of more than $50 (K.S.A. 1972 Supp. 21-3701). (See, State v. Larkin, 209 Kan. 660, 498 P.2d 37.) Following the issuance of the mandate by this court in the original appeal on July 19, 1972, the appellant immediately thereafter on July 26, 1972, filed a motion for a new trial premised on the ground of newly discovered evidence pursuant to the provisions of K.S.A. 1972 Supp. 22-3501. Under prior law a motion for a new trial on the ground of newly discovered evidence was not authorized after judgment. (See, State v. Looney, 181 Kan. 402, 312 P.2d 212; and State v. Hemminger, 207 Kan. 172, 483 P.2d 1096.) Subsequent to the appellant's initial appeal his counsel received unsolicited written correspondence from one of the state's witnesses, Floyd Lesher, Jr., who was a disgruntled accomplice to the crime. [212 Kan. 159]
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