STATE v. DELANO

No. 42,257

188 Kan. 687 (1961)

366 P.2d 294

STATE OF KANSAS, Appellee, v. BUDDY JOE DELANO, Appellant.

Supreme Court of Kansas.

Opinion filed November 10, 1961.


Attorney(s) appearing for the Case

William Cook, of Kansas City, argued the cause, and Roy Cook, of Kansas City, was with him on the brief for the appellant.

John W. MacGregor, County Attorney, argued the cause, and William M. Ferguson, Attorney General, was with him on the brief for the appellee.


The opinion of the court was delivered by

PRICE, J.:

Defendant appeals from a conviction of murder in the second degree.

Highly summarized, the record shows the following:

At about 9:30 on the night of April 6, 1959, as one Linden M. Black was preparing to close his liquor store in Kiowa the defendant and two companions entered the store and ordered a bottle of whiskey — naming the brand. While...

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