STATE v. FRANKLIN

No. 48,492

221 Kan. 739 (1977)

561 P.2d 860

STATE OF KANSAS, Appellee, v. MAX FRANKLIN, Appellant.

Supreme Court of Kansas.

Opinion filed March 5, 1977.


Attorney(s) appearing for the Case

Jay H. Vader, of Maurin, McCamish and Vader, of Kansas City, argued the cause, and J. Paul Maurin, III, of the same firm, was with him on the brief for the appellant.

Dennis L. Harris, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, and Nick A. Tomasic, 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, Max Franklin, was charged with murder in the first degree (K.S.A. 21-3401) and aggravated battery (K.S.A. 21-3414). He was convicted by a jury of murder in the second degree (21-3402) and aggravated battery.

The essential facts of the case are not greatly in dispute and are as follows: On August 12, 1975, the defendant...

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