WELBORN, Commissioner.
A jury found Phillip Zito guilty of murder in the second degree. The court, under the Second Offender Law, fixed the punishment at twenty years' imprisonment. This appeal followed.
The state's version of the homicide which was the basis of the charge was found in the appellant's statement to a police officer shortly after the event. Essentially it was as follows:
Zito and Bonnie Hobbs occupied a room at the Midwest Hotel in Kansas...
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