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STATE v. JOHNSON

No. 41,025

185 Kan. 1 (1959)

340 P.2d 373

STATE OF KANSAS, Appellee, v. HENRY JOHNSON, Appellant.

Supreme Court of Kansas.

Opinion filed June 13, 1959.

Attorney(s) appearing for the Case

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

Roy L. Bulkley, former County Attorney, argued the cause, and John Anderson, Jr., Attorney General, and Robert E. Hoffman, Assistant Attorney General, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

Defendant was charged with murder in the first degree. He was convicted of murder in the second degree and has appealed.

The killing occurred on the night of January 21, 1957, on the front steps of defendant's home at 318 Quincy Street, Topeka. For some time prior thereto defendant, who was thirty years of age and who was partially disabled as the result of...

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