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STATE v. WILLIAMS

No. 40,618

182 Kan. 468 (1958)

322 P.2d 726

STATE OF KANSAS, Appellee, v. EMMITT WILLIAMS, Appellant.

Supreme Court of Kansas.

Opinion filed March 8, 1958.

Attorney(s) appearing for the Case

Elisha Scott and Charles S. Scott, both of Topeka, argued the cause, and John J. Scott and Samuel C. Jackson, both of Topeka, were with them on the briefs for the appellant.

Phillip L. Harris, special prosecutor, argued the cause, and John Anderson, attorney general, was with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

Defendant was tried on an information charging him with the crime of murder in the second degree (G.S. 1949, 21-402). From a conviction of manslaughter in the second degree (G.S. 1949, 21-411), he appeals.

A brief statement of the facts follows: On October 1, 1956, at approximately 10:30 p.m., defendant, Emmitt Williams (appellant), and his friend Saunders were arrested for creating a disturbance...

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