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STATE v. BROWN

No. 55,999

235 Kan. 688 (1984)

681 P.2d 1071

STATE OF KANSAS, Appellee, v. GARY W. BROWN, Appellant.

Supreme Court of Kansas.

Opinion filed June 8, 1984.

Attorney(s) appearing for the Case

Michael Barbara, of Sawhill, Underhill & Barbara, of Haysville, argued the cause and was on the brief for appellant.

Geary N. Gorup, assistant district attorney, argued the cause and Kimberly Gee Vines, assistant district attorney, Clark V. Owens, district attorney, and Robert T. Stephan, attorney general, were on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

Gary W. Brown was convicted of the first-degree murder (K.S.A. 21-3401) of John Brmwn and the aggravated battery (K.S.A. 21-3414) of Peggy Ensley. Peggy and defendant had previously lived together in a relationship with some of the indicia of a common law marriage. John Brown was the husband of Peggy's sister. On December 10, 1982, defendant shot the victims while they were sitting in John Brown's van...

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