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STATE v. SEELKE

No. 48,323

221 Kan. 672 (1977)

561 P.2d 869

THE STATE OF KANSAS, Appellee, v. JANICE A. SEELKE, Appellant.

Supreme Court of Kansas.

Opinion filed March 5, 1977.

Attorney(s) appearing for the Case

Richard H. Rumsey, of Rumsey, Cox and Richey, of Wichita, argued the cause, and James F. Richey, of the same firm, was with him on the brief for the appellant.

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

The opinion of the court was delivered by

PRAGER, J.:

This is a direct appeal in a criminal action in which the defendant-appellant, Janice A. Seelke, was charged with second-degree murder (K.S.A. 21-3402) and convicted of voluntary manslaughter (K.S.A. 21-3403). At the trial the factual circumstances were not greatly in dispute and essentially were as follows: In the early morning hours of January 25, 1975, the defendant shot and killed her husband, Hubert...

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