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STATE v. FARLEY

No. 49,762

225 Kan. 127 (1978)

587 P.2d 337

STATE OF KANSAS, Appellee and Cross-Appellant, v. JAMES E. FARLEY, Appellant and Cross-Appellee.

Supreme Court of Kansas.

Opinion filed December 9, 1978.

Attorney(s) appearing for the Case

John C. Humpage, of Topeka, argued the cause and was on the brief for appellant and cross-appellee.

Ronald E. Wurtz, assistant district attorney, argued the cause and Curt T. Schneider, attorney general, and Gene M. Olander, district attorney, were with him on the brief for appellee and cross-appellant.

The opinion of the court was delivered by

HOLMES, J.:

Defendant James E. Farley was charged in district court with one count of second degree murder (K.S.A. 21-3402) and found guilty by a jury of the lesser included offense of voluntary manslaughter (K.S.A. 21-3403). He received a sentence of not less than five nor more than twenty years. Defendant appeals.

On March 17, 1977, one Kenneth Chilcoat was shot and killed in the living room of the appellant...

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