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STATE v. HUTTON

No. 54,353

232 Kan. 545 (1983)

657 P.2d 567

STATE OF KANSAS, Appellee, v. MALCOM T. HUTTON, Appellant.

Supreme Court of Kansas.

Opinion filed January 14, 1983.

Attorney(s) appearing for the Case

David Michael Rapp, of Moore, Rapp & Schodorf, of Wichita, argued the cause, and John Terry Moore, of the same firm, was on the brief for the appellant.

Jack Peggs, deputy district attorney, argued the cause, and Clark V. Owens, district attorney, and Robert T. Stephan, attorney general, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, C.J.:

This is an appeal in a criminal action from a jury verdict finding Malcom T. Hutton (defendant-appellant) guilty of first-degree murder (K.S.A. 21-3401). The appellant contends that the evidence was not sufficient to support the verdict of first-degree murder, that the trial court erred in failing to instruct the jury on lesser included offenses, and that...

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