State v. Seely

The opinion of the court was delivered by

Foth, C.:

Appellant was convicted of two counts of aggravated battery arising out of the brutal beating of two men in a grocery store parking lot in Wichita on November 18, 1971. Appellant was charged jointly with three others, but only he was convicted. He has appealed, alleging several trial errors.

At trial eyewitnesses told of a man being accosted by a group of seven other men, followed by what appeared to be a gang beating. The victim was knocked to the ground and there, while he was unconscious, his head was pounded against the pavement by one of…