Supreme Court of Kansas February 25, 1978, 49,304 (State v. Stuart and Jones)

Holmes, J.

dissenting in part and concurring in part: I must respectfully dissent from that portion of Syl. 4 and the holding in Syl. 6, subsection (9), together with the corresponding portions of the opinion, wherein the majority find that K.S.A. 1976 Supp. 21-4618 (now K.S.A. 1977 Supp. 21-4618) precludes suspension of sentence by the trial court.