STATE v. CLARK

No. 47,038

215 Kan. 1 (1974)

522 P.2d 411

STATE OF KANSAS, Appellee, v. RICHARD DELWAYNE CLARK, Appellant.

Supreme Court of Kansas.

Filed May 29, 1974.


Attorney(s) appearing for the Case

John F. Jorgensen, of Dresie & Jorgensen, of Wichita, argued the cause and was on the brief for the appellant.

Larry Kirby, deputy district attorney, argued the cause, and Vern Miller, attorney general, Keith Sanborn, district attorney, and Stephen M. Joseph, of counsel, of Wichita, were with him on the brief for the appellee.


OPINION ON MOTION FOR REHEARING

CRIMINAL LAW — Opinion Modified and Corrected.

The opinion of the court was delivered by

FONTRON, J.:

In the opinion filed April 6, 1974, remanding this case for a new trial, one of the reasons given for reversal was failure to instruct the jury on fourth degree manslaughter under K.S.A. 21-419 as being a lesser included offense of murder in the first degree. In assigning this as a ground for reversal...

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