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STATE v. HERNANDEZ

No. 50,680

227 Kan. 322 (1980)

607 P.2d 452

STATE OF KANSAS, Appellee, v. LEONARDO Q. HERNANDEZ, Appellant.

Supreme Court of Kansas.

Opinion filed March 1, 1980.

Attorney(s) appearing for the Case

Barry L. Arbuckle, of Sanborn, Hollingsworth & Arbuckle, of Wichita, argued the cause and was on the brief for the appellant.

Neal Brady, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, and Vern Miller, district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

McFARLAND, J.:

Defendant Leonardo Q. Hernandez appeals from his jury trial conviction of first degree murder (K.S.A. 21-3401). In the early morning hours of April 16, 1978, defendant was patronizing the San Luis Club in Wichita. Hector L. Espinoza was also present at the club. The two men had a history of personal conflicts with each other, including physical violence. At approximately 2:00 a.m. the men engaged in...

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