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STATE v. SPENCER

No. 41,665

186 Kan. 298 (1960)

349 P.2d 920

STATE OF KANSAS, Appellee, v. BOBBY JOE SPENCER, Appellant.

Supreme Court of Kansas.

Opinion filed March 5, 1960.

Attorney(s) appearing for the Case

Francis J. Donnelly, of Kansas City, argued the cause and was on the brief for the appellant.

Robert J. Foster, County Attorney, and James P. Davis, Assistant County Attorney, argued the cause, and John Anderson, Jr., Attorney General, Robert Hoffman, Assistant Attorney General, and Lloyd G. Alvey, Assistant County Attorney, were with them on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

The defendant, Bobby Joe Spencer, was charged with and convicted of murder in the first degree in the killing of Mrs. Rubie S. Blanton. The jury, under the provisions of G.S. 1949, 21-403, fixed his punishment at death. His motion for a new trial was overruled, the verdict of the jury was approved, and he was sentenced to be hanged. This court ordered a stay of...

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