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STATE v. PHIPPS

No. 49,339

224 Kan. 158 (1978)

578 P.2d 709

STATE OF KANSAS, Appellee, v. RODNEY LeROY PHIPPS, Appellant.

Supreme Court of Kansas.

Opinion filed May 6, 1978.

Attorney(s) appearing for the Case

Larry D. Friesen, of Hutchinson, argued the cause and was on the brief for the appellant.

Robert S. Streepy, assistant county attorney, argued the cause, and Curt T. Schneider, attorney general, Joseph P. O'Sullivan, county attorney, and James Turner, assistant county attorney, were on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

Defendant Rodney LeRoy Phipps appeals from a conviction of first degree murder (K.S.A. 21-3401).

The record reveals that on November 23, 1977, defendant went to a residence in South Hutchinson, Kansas. Shortly after he arrived he became embroiled in a fight with the victim, Harlan Gail Calkins. The fight started in the front room of the house, continued...

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