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STATE v. EGBERT

No. 50,186

227 Kan. 266 (1980)

606 P.2d 1022

STATE OF KANSAS, Appellee, v. EDWIN R. EGBERT, Appellant.

Supreme Court of Kansas.

Opinion filed March 1, 1980.

Attorney(s) appearing for the Case

Russell Shultz, of Shultz, Fry & Fisher, of Wichita, argued the cause, and Craig Shultz, of the same firm, was with him on the brief for the appellant.

Gregory L. Waller, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, Vern Miller, district attorney, Stuart W. Gribble and Alan G. Metzger, both assistant district attorneys, were with him on the brief for the appellee.

The opinion of the court was delivered by

MILLER, J.:

This is a direct appeal in a criminal case by Edwin R. Egbert who was found guilty by a jury of murder in the second degree, K.S.A. 21-3402, as a lesser included offense of the charged crime of first degree murder. He was sentenced to imprisonment for a term of not less than five years nor more than life. He claims that the trial court erred in its jury instructions and in the admission of certain evidence...

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