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STATE v. EMLER

No. 44,833

199 Kan. 443 (1967)

430 P.2d 294

STATE OF KANSAS, Appellee, v. FRANCIS W. EMLER, Appellant.

Supreme Court of Kansas.

Opinion filed July 12, 1967.

Attorney(s) appearing for the Case

William Tinker, Jr., of Wichita, argued the cause and was on the briefs for the appellant.

R.K. Hollingsworth, Deputy County Attorney, argued the cause, and Robert C. Londerholm, Attorney General, and Keith Sanborn, County Attorney, were with him on the briefs for the appellee.

The opinion of the court was delivered by

KAUL, J.:

This is an appeal from a conviction of arson in the first degree (K.S.A. 21-581).

The defendant, Francis W. Emler, was charged with burning a dwelling house owned by Mary Taylor on July 9, 1965. He was arrested on October 29, 1965, and appeared with his retained counsel, Richard Fox, before a magistrate on November 1, 1965. Defendant was released on bond, and a preliminary hearing was set for November...

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