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STATE v. MAKIN

No. 49,117

223 Kan. 743 (1978)

576 P.2d 666

STATE OF KANSAS, Appellee, v. KENNETH D. MAKIN, Appellant.

Supreme Court of Kansas.

Opinion filed April 1, 1978.

Attorney(s) appearing for the Case

Max Regier, of Wichita, argued the cause and was on the brief for the appellant.

Stephen M. Joseph, assistant district attorney, argued the cause and Stuart W. Gribble, assistant district attorney, Vern Miller, district attorney, and Curt T. Schneider, attorney general, were with him on the brief for the appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This is a direct appeal from a conviction upon trial to the court wherein the defendant-appellant Kenneth D. Makin was found guilty of involuntary manslaughter (K.S.A. 21-3404). The facts are not in dispute. The information reads in part:

"[O]n or about the 4th of August, 1976, one KENNETH D. MAKIN did then and there unlawfully, wilfully [and] unintentionally kill a human being, to-wit: Jamie...

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