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STATE v. KIDWELL

No. 44,977

199 Kan. 752 (1967)

434 P.2d 316

STATE OF KANSAS, Appellant, v. THOMAS M. KIDWELL, Appellee.

Supreme Court of Kansas.

Opinion filed November 13, 1967.

Attorney(s) appearing for the Case

Robert D. Hecht, County Attorney, argued the cause and Robert C. Londerholm, Attorney General, was with him on the brief for the appellant.

Ernest J. Rice, of Topeka, argued the cause and Arthur E. Palmer, of Topeka, was with him on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

This appeal is by the state from an order granting a new trial following defendant's conviction of first degree murder.

After verdict of guilty Thomas M. Kidwell filed a motion for new trial alleging nine grounds of error. All but two of these grounds were overruled. The two remaining were:

"1. For the reason that the verdict is not sustained by sufficient evidence." "3. That...

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