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STATE v. McBRIDE

No. 38,141

170 Kan. 377 (1951)

226 P.2d 246

THE STATE OF KANSAS, Appellee, v. PRESTON F. McBRIDE, Appellant.

Supreme Court of Kansas.

Opinion filed January 6, 1951.

Attorney(s) appearing for the Case

Bill R. Cole, of Hutchinson, argued the cause, and Donald M. Bailey, also of Hutchinson, was with him on the briefs for the appellant.

John Fontron and John R. Alden, both of Hutchinson, argued the cause, and Harold R. Fatzer, attorney general, and Fred C. Preble, of Hutchinson, were with them on the briefs for the appellee.

The opinion of the court was delivered by

KAGEY, J.:

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

Briefly the facts are as follows: On February 14, 1950, Preston F. McBride, appellant herein, purchased a .22 caliber revolver in Hutchinson, Kansas. The evening of that day he spent with a friend and his girl from 6:30 until after midnight, meeting no one else. The following morning, February 15, shortly after 8:00 o'clock, appellant...

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