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STATE v. APPLEGATE

No. 39,980

180 Kan. 186 (1956)

303 P.2d 148

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

Supreme Court of Kansas.

Opinion filed November 3, 1956.

Attorney(s) appearing for the Case

Walter F. McGinnis, of El Dorado, argued the cause, and Allyn M. McGinnis, of El Dorado, was with him on the briefs for the appellant.

Robert M. King, County Attorney, argued the cause, and John Anderson, Attorney General, Paul E. Wilson, Assistant Attorney General, and Warren Ralston, Assistant County Attorney, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, J.:

The defendant was arrested and tried on a charge of murder in the first degree, which in this state is a capital offense (G.S. 1949, 21-403). At the close of a spirited trial a jury found him guilty of the murder of his sixteen-month-old daughter by arsenic poisoning and returned a verdict against him for murder in the second degree. Later, his motion for a new trial having been denied, he perfected an...

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