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STATE v. DAVIS

No. 37,945

169 Kan. 251 (1950)

218 P.2d 215

STATE OF KANSAS, Appellee, v. L.C. DAVIS, Appellant.

Supreme Court of Kansas.

Opinion filed May 6, 1950.

Attorney(s) appearing for the Case

George K. Melvin, of Lawrence, argued the cause, and was on the briefs for the appellant.

Robert B. Oyler, county attorney, argued the cause, and Harold R. Fatzer, attorney general, C. Harold Hughes, assistant attorney general, and Milton P. Allen, assistant county attorney, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WEDELL, J.:

This is an appeal from a conviction of manslaughter.

Appellant was charged under G.S. 1935, 21-431 with assaulting one William Ferguson with a shotgun with intent to kill but instead was found guilty of assault with intent to commit manslaughter under G.S. 1935, 21-434. The latter offense being included within the former, the trial court instructed on it as well as on other lesser offenses.

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