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STATE v. STUBBS

No. 41,643

195 Kan. 396 (1965)

407 P.2d 215

STATE OF KANSAS, Appellee, v. JAMES JACOB STUBBS, Appellant.

Supreme Court of Kansas.

Opinion filed November 6, 1965.

Attorney(s) appearing for the Case

Donald H. Humphreys, of Great Bend, argued the cause, and was on the briefs for the appellant.

Robert L. Bates, assistant county attorney, argued the cause, and Robert C. Londerholm, attorney general, and Brock R. McPherson, county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

O'CONNOR, J.:

This is a direct criminal appeal which reaches this court in the following manner: In December 1958 the defendant was convicted by a jury of murder in the second degree (G.S. 1949, 21-402). Defendant filed a motion for new trial, which was denied. Having been twice convicted of felonies on previous occasions, he was sentenced under the habitual criminal statute (G.S. 1949, 21-107a) to a term of sixty...

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