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STATE v. LATHAM & YORK

No. 42,907

190 Kan. 411 (1962)

375 P.2d 788

THE STATE OF KANSAS, Appellee, v. JAMES DOUGLAS LATHAM and GEORGE RONALD YORK, Appellants.

Supreme Court of Kansas.

Opinion filed November 3, 1962.

Attorney(s) appearing for the Case

Marvin E. Thompson and Richard M. Driscoll, of Russell, and Bernard E. Whalen, of Goodland, argued the cause, and Jesse I. Linder, of Sharon Springs, was with them on the briefs for appellants.

James E. Taylor, County Attorney, of Sharon Springs, and Selby S. Soward, Special Assistant Attorney General, of Goodland, argued the cause, and William M. Ferguson, Attorney General, of Topeka, and A.K. Stavely, Assistant Attorney General, also of Topeka, were with them on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

The defendants were convicted of murder in the first degree as defined in G.S. 1949, 21-401, and the jury assessed the death penalty pursuant to G.S. 1949, 21-403. Post-trial motions were filed, including a motion for a new trial, which were overruled, and the defendants have appealed.

A chronological statement of the proceedings had is essential to a proper understanding of the questions involved...

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