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STATE v. RUECKERT

No. 48,449

221 Kan. 727 (1977)

561 P.2d 850

STATE OF KANSAS, Appellee, v. HAROLD ALLEN RUECKERT, Appellant.

Supreme Court of Kansas.

Opinion filed March 5, 1977.

Attorney(s) appearing for the Case

David R. Gilman, of Overland Park, argued the cause and was on the brief for the appellant.

Douglas J. Walker, Jr., assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, Dennis W. Moore, district attorney, and Andrew Heyl, assistant district attorney, were on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

This is a direct appeal from a jury verdict wherein defendant was found guilty of felony murder. (K.S.A. 21-3401.)

The facts reveal a cruel and bizarre homicide. Defendant Harold Allen Rueckert and Patrick Michael Sharkey spent most of the evening of December 21, 1973, bar-hopping in Overland Park, Kansas. At approximately midnight they were driving west on Merriam Lane when they came upon a slow...

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