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STATE v. MYRICK & NELMS

Nos. 50,637, 50,483

228 Kan. 406 (1980)

616 P.2d 1066

STATE OF KANSAS, Appellee, v. WALTER MYRICK, a/k/a TOMMY McCLENDON, a/k/a TOMMY SPEAR, Appellant, and STATE OF KANSAS, Appellee, v. JIMMIE K. NELMS, a/k/a BLANCHE WALLACE, a/k/a STEVEN COOPER, Appellant.

Supreme Court of Kansas.

Opinion filed August 28, 1980.

Attorney(s) appearing for the Case

Wallace F. Davis, of El Dorado, argued the cause and was on the brief for appellant Jimmie K. Nelms.

Olin Stansbury, of El Dorado, argued the cause and was on the brief for appellant Walter Myrick.

Norman G. Manley, deputy county attorney, argued the cause and Robert T. Stephan, attorney general, and Geary N. Gorup, county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

Defendants Jimmie K. Nelms and Walter Myrick were tried together and convicted by a jury of premeditated and felony murder (K.S.A. 21-3401); aggravated kidnapping (K.S.A. 21-3421) and unlawful possession of a firearm (K.S.A. 21-4204[1][b]). Both defendants were sentenced to two life terms for murder and aggravated kidnapping and 6 to 20 years for unlawful possession

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