The opinion of the court was delivered by
FROMME, J.:
The defendant, Richard E. James, was charged with first degree murder and convicted by a jury of murder in the second degree (K.S.A. 21-3402). He shot his wife following marital difficulties and a final estrangement. He was sentenced as a recidivist for a term of not less than 30 years nor more than life. This appeal followed.
At the trial defendant denied criminal responsibility by reason
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