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STATE v. WARDEN

No. 49,306

224 Kan. 705 (1978)

585 P.2d 1038

THE STATE OF KANSAS, Appellee, v. JOHN R. WARDEN, Appellant.

Supreme Court of Kansas.

Opinion filed October 28, 1978.

Attorney(s) appearing for the Case

Michael H. Morgan, of Ivan O. Poe law firm, of Wichita, argued the cause and was on the brief for the appellant.

Robert Sandilos, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, and Vern Miller, district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is a direct appeal in a criminal action in which the defendant, John R. Warden, was convicted of felony murder (K.S.A. 21-3401), aggravated burglary (K.S.A. 21-3716), and aggravated robbery (K.S.A. 21-3427). The evidence presented at the trial was essentially undisputed. On February 21, 1977, Mrs. Nina Berardi was fatally wounded by one shot from a .22-caliber firearm at her home in Wichita. Two days...

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