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STATE v. COSTELLO

No. 53,479

231 Kan. 337 (1982)

644 P.2d 447

STATE OF KANSAS, Appellee, v. JAMES COSTELLO, Appellant.

Supreme Court of Kansas.

Opinion filed May 8, 1982.

Attorney(s) appearing for the Case

Carl E. Cornwell, of Horner, Duckers & Cornwell, of Kansas City, argued the cause and was on the brief for the appellant.

John J. McNally, chief deputy district attorney, argued the cause, and Robert T. Stephan, attorney general, and Nick A. Tomasic, district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

James Costello was convicted by a jury of first-degree murder (K.S.A. 21-3401) and attempted aggravated robbery (K.S.A. 21-3427 and K.S.A. 21-3301).

On April 3, 1981, the body of Andrew Johnson was found in his house at 1941 North 3rd Street, Kansas City, Kansas. An autopsy revealed that Johnson had been severely beaten and his body evidenced multiple cuts and bruises. A pathologist who performed...

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