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STATE v. CARPENTER

No. 51,278

228 Kan. 115 (1980)

612 P.2d 163

STATE OF KANSAS, Appellee, v. EBEN W. CARPENTER, Appellant.

Supreme Court of Kansas.

Opinion filed June 14, 1980.

Attorney(s) appearing for the Case

David J. Waxse, of Payne & Jones, Chartered, of Olathe, argued the cause and was on the brief for appellant.

Gene M. Olander, district attorney, argued the cause and Robert T. Stephan, attorney general, was with him on the brief for appellee.

The opinion of the court was delivered by

HOLMES, J.:

Defendant, Eben W. Carpenter, appeals from a conviction in a trial to the court of one count of second-degree murder. This is the third appearance of this case, in one form or another, before this court. See State v. Carpenter, 215 Kan. 573, 527 P.2d 1333 (1974) (Carpenter I), and Carpenter v. State,

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