STATE v. GERMANY

No. 38,404

173 Kan. 214 (1952)

245 P.2d 981

STATE OF KANSAS, Appellee, v. NATHANIEL GERMANY, Appellant.

Supreme Court of Kansas.

Opinion filed July 3, 1952.


Attorney(s) appearing for the Case

Elisha Scott, Sr., and Charles S. Scott, both of Topeka, argued the cause, and John J. Scott, of Topeka, was with them on the briefs for the appellant.

Harold H. Harding, county attorney, of Kansas City, argued the cause, and Harold R. Fatzer, attorney general, and Paul Wilson, assistant attorney general, both of Topeka, and J. Milton Sullivant, assistant county attorney, and Francis J. Donnelly, assistant county attorney, both of Kansas City, were with him on the briefs for the appellee.


The opinion of the court was delivered by

HARVEY, C.J.:

Appellant was duly charged by an information filed in the district court of Wyandotte county with the crime of murder in the first degree in shooting and killing David W. Gray. Upon a trial the jury found him guilty as charged and fixed the punishment at death. Defendant has appealed and contends that the court erred in (1) overruling his motion for a new trial...

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