STATE v. UNDERWOOD

Nos. 51,401, 51,420

228 Kan. 294 (1980)

615 P.2d 153

STATE OF KANSAS, Appellee, v. CURTIS LEON UNDERWOOD, Appellant.

Supreme Court of Kansas.

Opinion filed July 18, 1980.


Attorney(s) appearing for the Case

Russell Shultz, of Shultz, Fisher, Monnat & Shultz, of Wichita, argued the cause and was on the brief for the appellant.

Beverly Dempsey, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, and Vern Miller, district attorney, were with her on the brief for the appellee.


The opinion of the court was delivered by

FROMME, J.:

Curtis Leon Underwood appeals from a jury conviction of felony murder (K.S.A. 21-3401). The underlying felony which is being used to classify the homicide as a felony murder is unlawful possession of a firearm as defined in K.S.A. 21-4204(1)(b). This forms the basis for appeal No. 51,401 in this court.

In an attempt to erase the underlying or collateral...

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