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STATE v. LOMAX

No. 39,037

175 Kan. 368 (1953)

264 P.2d 908

THE STATE OF KANSAS, Appellee, v. WARREN LOMAX, Appellant.

Supreme Court of Kansas.

Opinion filed December 12, 1953.

Attorney(s) appearing for the Case

J. John Marshall, county attorney, of Pittsburg, argued the cause, and Harold R. Fatzer, attorney general, of Topeka, and Richard D. Loffswold, assistant county attorney, of Pittsburg, were with him on the brief for appellee.

Charles H. Menghini, of Pittsburg, argued the cause, and D. G. Smith, of Girard, was with him on the brief for appellant.

The opinion of the court was delivered by

HARVEY, C.J.:

By an information, duly filed in the district court of Crawford county, Warren Lomax was charged with killing Levi Logan by stabbing him with a butcher knife in the heat of passion and without design to effect death in violation of our statute G.S. 1949, 21-413, being one of the sections of our statute which defines manslaughter in the third degree. A trial by jury resulted in a verdict of guilty as charged...

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