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STATE v. GRAY

No. 39,935

179 Kan. 133 (1956)

292 P.2d 698

STATE OF KANSAS, Appellee, v. ODIST GRAY, Appellant.

Supreme Court of Kansas.

Opinion filed January 28, 1956.

Attorney(s) appearing for the Case

A.L. Foster, of Parsons, argued the cause, and was on the briefs for the appellant.

Wm. K. Ong, Labette county attorney, argued the cause, and Harold R. Fatzer, attorney general, and Roy S. Bennett, Jr., Labette county assistant attorney, were with him on the briefs for the appellee.

The opinion of the court was delivered by

THIELE, J.:

Odist Gray was tried on an information charging murder in the first degree. The jury returned a verdict finding him guilty of murder in the second degree. His motion for a new trial was overruled and in due time he perfected his appeal to this court.

The information against the defendant was filed on February 15, 1955, and charged an offense occurring on December 6, 1954. On March 11, 1955, the...

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