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STATE v. BIRCH

No. 48,278

221 Kan. 122 (1976)

558 P.2d 119

STATE OF KANSAS, Appellee, v. HAZEL L. BIRCH, Appellant.

Supreme Court of Kansas.

Opinion filed December 11, 1976.

Attorney(s) appearing for the Case

Russell Shultz, of Wichita, argued the cause and was on the brief for the appellant.

Stephen E. Robison, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, Keith Sanborn, district attorney, and Robert L. Kennedy, Jr., assistant district attorney, were on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

Hazel Birch appeals from her conviction by a jury of first degree (felony) murder (K.S.A. 21-3401) and of the felonious possession of a firearm (K.S.A. 21-4204). The victim was her husband, Webster Birch. The felony she was committing when the homicide occurred was the firearms offense, i.e., possession of a pistol within five years after having been convicted of the felony of aggravated assault.<...

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