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STATE v. CLARK

No. 47,038

214 Kan. 293 (1974)

521 P.2d 298

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

Supreme Court of Kansas.

Opinion filed April 6, 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.

The opinion of the court was delivered by

FONTRON, J.:

The defendant, Richard Delwayne Clark, was charged with murder in the first degree, in violation of K.S.A. 21-401. He was convicted of murder in the second degree, as defined in K.S.A. 21-402. He has appealed, alleging various errors.

The facts of this case reflect a sordid tale of an illicit relationship which exploded into the violence of a savage beating given Mrs. Elizabeth J. Cato by her paramour...

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