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STATE v. MENDZLEWSKI

No. 39,995

180 Kan. 11 (1956)

299 P.2d 598

STATE OF KANSAS, Appellee, v. HENRY MENDZLEWSKI, also known as HARRY BOYLE, Appellant.

Supreme Court of Kansas.

Opinion filed June 30, 1956.

Attorney(s) appearing for the Case

A.B. Fletcher, Jr., of Junction City, argued the cause, and Robert A. Schermerhorn and C.L. Hoover, both of Junction City, were with him on the briefs for the appellant.

William F. Stahl, special prosecutor, of Junction City, argued the cause, and John Anderson, Jr., attorney general, Paul E. Wilson, assistant attorney general, and Phillip L. Harris, county attorney, were all with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, J.:

This is an appeal by a defendant who was tried, convicted and sentenced for the crime of murder in the first degree (G.S. 1949, 21-401).

The events leading up to the criminal prosecution in question are undisputed and can be stated briefly.

On January 13, 1954, the defendant Henry Mendzlewski, also known as Harry Boyle, who was forty-five years of age and had been working in Topeka, procured...

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