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STATE v. MILLER

No. 48,342

222 Kan. 405 (1977)

565 P.2d 228

STATE OF KANSAS, Appellee, v. GARY M. MILLER, Appellant.

Supreme Court of Kansas.

Opinion filed June 11, 1977.

Attorney(s) appearing for the Case

Hugh H. Kreamer, of Breyfogle, Gardner, Martin, Davis and Kreamer, of Olathe, argued the cause and was on the brief for the appellant.

David W. Hughes, Assistant District Attorney, argued the cause, and Curt T. Schneider, Attorney General, Dennis W. Moore, District Attorney, and Karen K. Clegg, Assistant District Attorney, were on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

Defendant-appellant, Gary M. Miller, appeals from a conviction by a jury of murder in the second degree. Defendant was charged with first degree murder of his wife, Mary, and convicted of the charge. A motion for a new trial was sustained following defendant's conviction. Defendant was again tried on a charge of murder in the first degree, but was convicted of second...

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