STATE v. WILLCOX

No. 58,725

240 Kan. 310 (1986)

729 P.2d 451

STATE OF KANSAS, Appellant, v. LEROY L. WILLCOX, Appellee.

Supreme Court of Kansas.

Opinion filed December 5, 1986.


Attorney(s) appearing for the Case

Geary N. Gorup, assistant district attorney, argued the cause, and Clark V. Owens, district attorney, and Robert T. Stephan, attorney general, were with him on the brief for appellant.

John E. Cowles, of Fleeson, Gooing, Coulson & Kitch, of Wichita, was on the amicus curiae brief for Robert W. Armstrong.


The opinion of the court was delivered by

McFARLAND, J.:

Leroy L. Willcox was acquitted in a jury trial of two counts of murder in the second degree (K.S.A. 21-3402). The State brings this appeal therefrom on four questions reserved.

In State v. Holland, 236 Kan. 840, 696 P.2d 401 (1985), we iterated the general rules relative to appeals on questions reserved as follows:

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