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STATE v. BUIE

No. 49,131

223 Kan. 594 (1978)

575 P.2d 555

STATE OF KANSAS, Plaintiff-Appellee, v. DANNY RAY BUIE, Defendant-Appellant.

Supreme Court of Kansas.

Opinion filed February 25, 1978.

Attorney(s) appearing for the Case

Cortland E. Berry, of Kansas City, argued the cause, and Elmer C. Jackson, Jr., of Kansas City, was with him on the brief for the appellant.

Philip L. Sieve, 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.

Per Curiam:

This is a direct appeal from a conviction of murder in the first degree (K.S.A. 21-3401). Because of the issues raised on the appeal it is necessary to set forth the factual circumstances in some detail. The tragic event giving rise to this prosecution took place shortly after 11:00 p.m. on the evening of August 20, 1976, when a cabdriver, Ferry Cathey, was shot and killed in his cab in Kansas City, Kansas. The state's evidence showed that at approximately...

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