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STATE v. CATES

No. 48,972

223 Kan. 724 (1978)

576 P.2d 657

STATE OF KANSAS, Appellee, v. WILLIE L. CATES, Appellant.

Supreme Court of Kansas.

Opinion filed April 1, 1978.

Attorney(s) appearing for the Case

Dale V. Slape, of Sherwood & Slape, of Wichita, argued the cause and was on the brief for the appellant.

Harold T. Pickler, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, Vern Miller, district attorney, and Stuart W. Gribble, assistant district attorney, were on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

Willie L. Cates was charged with premeditated and felony murder (K.S.A. 21-3401), and unlawful possession of a firearm after conviction of a felony (K.S.A. 21-4204[1][b]). A jury found him guilty of murder in the second degree (K.S.A. 21-3402) and acquitted him of the other charges. He appeals and raises four points of alleged error. Two of the points concern the alleged existence of evidence at...

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