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STATE v. MARTIN

No. 45,841

206 Kan. 388 (1971)

480 P.2d 50

STATE OF KANSAS, Appellee, v. WAYNE "BO" MARTIN, Appellant.

Supreme Court of Kansas.

Opinion filed January 23, 1971.

Attorney(s) appearing for the Case

Robert D. Beall, of Leavenworth, argued the cause, and was on the brief for the appellant.

Thomas M. Dawson, assistant county attorney, argued the cause, and Kent Frizzell, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

O'CONNOR, J.:

This is a direct appeal in which the defendant, Wayne "Bo" Martin, although charged with first degree murder, was found guilty by a jury of murder in the second degree (K.S.A. 21-402). A motion for new trial was overruled, and defendant was sentenced to the penitentiary for a term of not less than twenty years nor more than forty years.

The offense of which defendant was convicted occurred May...

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