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STATE v. SWINNEY

No. 44,948

200 Kan. 404 (1968)

436 P.2d 876

STATE OF KANSAS, Appellee, v. EVERETT M. SWINNEY, Appellant.

Supreme Court of Kansas.

Opinion filed January 27, 1968.

Attorney(s) appearing for the Case

Victor D. Goering, of Hutchinson, argued the cause, and John F. Hayes and R.J. Gilliland, both of Hutchinson, were with him on the brief for the appellant.

Richard J. Rome, County Attorney, argued the cause, and Robert C. Londerholm, Attorney General, and Raymond F. Berkley and Patrick L. Dougherty, both Assistant County Attorneys, were with him on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

This is an appeal by defendant, Everett M. Swinney, from a conviction of murder in the second degree. (K.S.A. 21-402) The basic question involved is whether the trial court abused its discretion in accepting defendant's plea of guilty.

On November 6, 1965, defendant shot and killed his wife, Dora M. Swinney, with a .22 caliber pistol. He was apprehended within...

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