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STATE v. PATCHETT

No. 52,257

229 Kan. 163 (1981)

621 P.2d 1011

STATE OF KANSAS, Appellee, v. RICHARD L. PATCHETT, Appellant.

Supreme Court of Kansas.

Opinion filed January 17, 1981.

Attorney(s) appearing for the Case

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

Janice D. Russell, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, was with her on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

Richard L. Patchett was charged and tried by a jury for felony murder, aggravated assault and aggravated burglary. He was found guilty of second degree murder and acquitted of all other charges.

Patchett and his wife, Maxine Patchett, were in the throes of a divorce action. A restraining order had been issued and served on defendant, requiring him to leave the house in which the couple

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