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STATE v. CHILDERS

No. 47,686

217 Kan. 410 (1975)

536 P.2d 1349

STATE OF KANSAS, Appellee, v. MOORE CHILDERS, Appellant.

Supreme Court of Kansas.

Opinion filed June 14, 1975.

Attorney(s) appearing for the Case

Jack D. Sage, of Hershberger, Patterson & Jones, of Wichita, argued the cause, and was on the brief for the appellant.

Stephen M. Joseph, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, and Keith Sanborn, district attorney, were with him on the brief for appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal by Moore Childers (defendant-appellant) from a jury verdict finding him guilty of second degree murder. The facts may be stated as follows:

On July 21, 1973, and previous thereto, James C. Frost resided with his wife, their three-month-old baby, and Douglas J. Hanley, Mrs. Frost's five-year-old child by a prior marriage, at 2727 North Green, Wichita, Kansas. The house is located...

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