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STATE v. GOURLEY

No. 49,396

224 Kan. 167 (1978)

578 P.2d 713

STATE OF KANSAS, Appellee, v. DARREL JOSEPH GOURLEY, Appellant.

Supreme Court of Kansas.

Opinion filed May 6, 1978.

Attorney(s) appearing for the Case

Gwinn G. Shell, of Garnett, argued the cause, and was on the brief for the appellant.

Phillip M. Fromme, county attorney, argued the cause, and Curt T. Schneider, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is a direct appeal from convictions of first-degree murder (K.S.A. 21-3401), aggravated burglary (K.S.A. 21-3716), and felony theft (K.S.A. 21-3701). The essential facts in the case are as follows: On the evening of September 11, 1976, Malinda Hildebrand and her husband, Eugene, returned from nearby Yates Center to their home in Burlington, Kansas. During the trip Eugene fell soundly asleep in the...

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