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STATE v. SULLY

No. 47,942

219 Kan. 222 (1976)

547 P.2d 344

STATE OF KANSAS, Appellee, v. JAMES B. SULLY, Appellant.

Supreme Court of Kansas.

Opinion filed March 6, 1976.

Attorney(s) appearing for the Case

Jay H. Vader, of Maurin, McCamish and Vader, of Kansas City, argued the cause and was on the brief for the appellant.

Nick A. Tomasic, district attorney, argued the cause, and Curt T. Schneider, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

Appellant James B. Sully was convicted by a jury of the offense of second degree murder. He was sentenced under the habitual criminal act and now appeals.

Appellant and a codefendant, John Wayne Hensley, were charged jointly with the first degree murder of one Jerome T. Halloran, and were tried together. Appellant does not challenge the sufficiency of the state's evidence, with the result the record...

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