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STATE v. FOSTER

No. 52,295

229 Kan. 362 (1981)

623 P.2d 1360

STATE OF KANSAS, Appellee, v. DANNY LEE FOSTER, Appellant.

Supreme Court of Kansas.

Opinion filed February 28, 1981.

Attorney(s) appearing for the Case

Michael Lerner, of Barnett & Lerner, Chartered, of Kansas City, argued the cause, and Stephen G. Mirakian, of the same firm, was with him on the brief for the appellant.

Nick A. Tomasic, district attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

MILLER, J.:

This is a direct appeal by Danny Foster, following his conviction by a jury in Wyandotte District Court of premeditated murder of a six-month-old child, Courtney Phipps, in violation of K.S.A. 21-3401. Foster was sentenced to life imprisonment. He raises three issues on appeal: whether the trial court erred in admitting into evidence the factual background of Foster's prior conviction for endangering a...

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