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STATE v. METCALF

No. 45,250

203 Kan. 63 (1969)

452 P.2d 842

THE STATE OF KANSAS, Appellee, v. THOMAS EUGENE METCALF, a/k/a THEODORE E. METCALF, a/k/a GENE METCALF, Appellant.

Supreme Court of Kansas.

Opinion filed April 12, 1969.

Attorney(s) appearing for the Case

Orval L. Fisher, of Wichita, argued the cause, and James F. Foster, of Wichita, was with him on the brief for the appellant.

Keith Sanborn, county attorney, argued the cause, and Kent Frizzell, attorney general, and David P. Calvert, deputy county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

A jury convicted Thomas Eugene Metcalf of the offense of murder in the first degree and prescribed life imprisonment as the penalty. Metcalf's motion for new trial was overruled, he was sentenced and has now appealed.

The information upon which appellant was convicted charged he killed Roy Dan Hawthorne by shooting him in the head with a 30-30 caliber rifle.

The locale of the shooting was...

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