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STATE v. MITCHELL

No. 40,357

181 Kan. 193 (1957)

310 P.2d 1063

STATE OF KANSAS, Appellee, v. WESLEY MITCHELL, Appellant.

Supreme Court of Kansas.

Opinion filed May 11, 1957.

Attorney(s) appearing for the Case

Wm. E. Ward, of Wichita, argued the cause and Fred C. Helm, of Wichita, was with him on the briefs for the appellant.

Keith Sanborn, Deputy County Attorney, of Wichita, argued the cause and John Anderson, Jr., Attorney General; Paul E. Wilson, Assistant Attorney General; Robert E. Hoffman, Assistant Attorney General, all of Topeka; Warner Moore, County Attorney; and Nicolas W. Klein, Deputy County Attorney; both of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HALL, J.:

This is an appeal from the verdict of the jury convicting the defendant of murder in the second degree.

On the 9th day of December, 1955, in the city of Wichita, Sedgwick County, Kansas, Marjorie Mitchell died as the result of a bullet wound from a .22 caliber rifle. Her common law husband, Wesley Mitchell, was charged with the crime of murder in the first...

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