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STATE v. CUMMINGS

No. 59,809

242 Kan. 84 (1987)

744 P.2d 858

STATE OF KANSAS, Appellee, v. WALTER CUMMINGS, Appellant.

Supreme Court of Kansas.

Opinion filed October 30, 1987.

Attorney(s) appearing for the Case

Jessica R. Kunen, deputy appellate defender, argued the cause, and Benjamin C. Wood, chief appellate defender, was with her on the brief for appellant.

Wesley K. Griffin, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, and Nick A. Tomasic, district attorney, were with him on the brief for appellee.

The opinion of the court was delivered by

HERD, J.:

This is a criminal action. Walter Cummings appeals his conviction of second-degree murder, K.S.A. 21-3402.

The relevant facts are as follows: On Christmas Eve, a friend of Walter Cummings' returned a handgun borrowed from Cummings. Cummings put the gun in his belt. Later that evening, Cummings and his girlfriend, Wanda Sanders, stopped by the apartment of J.C. Watts to wish him Merry Christmas. On...

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