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STATE v. CHILDERS

No. 48,202

222 Kan. 32 (1977)

563 P.2d 999

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

Supreme Court of Kansas.

Opinion filed April 9, 1977.

Attorney(s) appearing for the Case

Jack D. Sage, of Hershberger, Patterson, Jones & Roth, 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 Vern Miller, District Attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

Defendant-appellant (Moore Childers) appeals from a conviction by a jury of second degree murder (K.S.A. 21-3402). This is the second appearance of this case before this court. Defendant was previously convicted of the same charge by a different jury. The prior conviction was reversed in State v. Childers, 217 Kan. 410, 536 P.2d 1349

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