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STATE v. JONES

No. 41,392

185 Kan. 235 (1959)

341 P.2d 1042

STATE OF KANSAS, Appellee, v. ENOCH JONES, Appellant.

Supreme Court of Kansas.

Opinion filed July 10, 1959.

Attorney(s) appearing for the Case

Maurice P. O'Keefe and Terence D. O'Keefe, both of Atchison, argued the cause, and Karl W. Root, Dolan McKelvy and Maurice P. O'Keefe, Jr., all of Atchison, were with them on the brief for appellant.

Robert F. Duncan, County Attorney, argued the cause, and John Anderson, Jr., Attorney General, was with him on the brief for appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action in which the defendant, Enoch Jones, was convicted of the crime of manslaughter in the third degree under G.S. 1949, 21-413.

The controlling question on appeal is whether the evidence is sufficient to sustain a finding by the jury that the defendant was in the heat of passion at the time he killed another person.

The...

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