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STATE v. ROTH

No. 44,990

200 Kan. 677 (1968)

438 P.2d 58

STATE OF KANSAS, Appellee, v. STEPHEN ROTH, Appellant.

Supreme Court of Kansas.

Opinion filed March 9, 1968.

Attorney(s) appearing for the Case

James H. Bradley, of Olathe, argued the cause and was on the briefs for the appellant.

Hugh H. Kreamer, Assistant County Attorney, argued the cause, and Robert Londerholm, Attorney General, and James W. Bouska, County Attorney, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This is a direct appeal from a conviction of fourth degree manslaughter under the provisions of K.S.A. 21-420, which provides.

"Every other killing of a human being, by the act, procurement or culpable negligence of another, which would be manslaughter at the common law, and which is not excusable or justifiable, or is not declared in this article to be manslaughter in some other degree, shall...

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