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STATE v. TOPHAM

No. 53,444

231 Kan. 167 (1982)

642 P.2d 986

STATE OF KANSAS, Appellee, v. RANDOLPH P. TOPHAM, Appellant.

Supreme Court of Kansas.

Opinion filed April 3, 1982.

Attorney(s) appearing for the Case

Philip D. Lunt, county attorney, and Thomas D. Haney, assistant United States attorney, argued the cause, and Philip D. Lunt, Robert T. Stephan, attorney general, and Christopher Y. Meek, assistant attorney general, appeared on the brief for appellee.

Alan C. Goering, of Chapin, Penny & Goering, of Medicine Lodge, argued the cause and was on the brief for appellant.

The opinion of the court was delivered by

McFARLAND, J.:

Randolph P. Topham appeals his jury trial convictions of two counts of first degree murder (K.S.A. 21-3401). The murder victims were defendant's wife and mother-in-law.

Two issues are raised on appeal. The first issue is whether defendant's statutory right to a speedy trial was violated. K.S.A. 22-3402 (Ensley) provides in pertinent part:

"(1) If any person charged with a crime and held...

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