ABBOTT, J.:
This is an appeal by David Earl Smith from a judgment denying his K.S.A. 60-1507 petition to vacate and set aside his conviction of the crime of first-degree murder.
In 1976, Smith was convicted of burglary, theft and felony murder of his next door neighbor. He appealed to the Kansas Supreme Court. The only issue on appeal was whether the trial court erred in applying the M'Naghten test rather than the American Law Institute Model Penal...
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