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STATE v. FOUTS

No. 37,825

169 Kan. 686 (1950)

221 P.2d 841

STATE OF KANSAS, Appellee, v. WILLIAM S. FOUTS, Appellant.

Supreme Court of Kansas.

Opinion filed August 31, 1950.

Attorney(s) appearing for the Case

Payne H. Ratner and Eugene L. Pirtle, both of Wichita, argued the cause, and L.E. Goodrich, Jack L. Goodrich, both of Parsons, Ora D. McClellan, Louise Mattox and Mearle D. Mason, all of Wichita, were with them on the briefs for the appellant.

J. Logan Shuss, county attorney, and Edward Rooney, of Topeka, argued the cause, and Harold R. Fatzer, attorney general, C. Harold Hughes, assistant attorney general, and John F. Amos, assistant county attorney, were with them on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, J.:

This is an appeal from a conviction of murder in the second degree.

On the morning of April 22, 1949, Grace Nutt, who was thirty-six years of age and living with her husband, William H. Nutt, was murdered in her farm home on highway No. 160, 10 miles east of Parsons, Kan., in Labette county, between the hours of 8:20 a.m. and 10:20 a.m. Her death, which occurred at 1:20 p.m. on that day, was the...

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