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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