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STATE v. RITCHEY

No. 48,692

223 Kan. 99 (1977)

573 P.2d 973

STATE OF KANSAS, Appellee, v. MARK E. RITCHEY, Appellant.

Supreme Court of Kansas.

Opinion filed November 5, 1977.

Attorney(s) appearing for the Case

Raymond W. Baker, of law offices of John C. Frank, of Wichita, argued the cause and was on the brief for the appellant.

James Larry Linn, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, Vern Miller, district attorney, and Stephen E. Robison, assistant district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

MILLER, J.:

Mark E. Ritchey was convicted by a jury of second-degree murder and felony theft in violation of K.S.A. 21-3402 and 21-3701 (a). He was sentenced to imprisonment for consecutive terms of fifteen years to life and three to ten years. He appeals, contending that the trial court erred in overruling his motion for a psychiatric evaluation, and in instructing the jury that "malice may be inferred by use...

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