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STATE v. HODGES

No. 59,805

241 Kan. 183 (1987)

734 P.2d 1161

STATE OF KANSAS, Appellant, v. JOAN E. HODGES, Appellee.

Supreme Court of Kansas.

Opinion filed March 27, 1987.

Attorney(s) appearing for the Case

Catherine Foster Baird, assistant district attorney, argued the cause, and Nick A. Tomasic, district attorney, and Robert T. Stephan, attorney general, were with her on the brief for appellant.

No appearance by appellee.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

The State appeals pursuant to K.S.A. 1986 Supp. 22-3602(b)(3) on three questions reserved. The defendant was charged with voluntary manslaughter (K.S.A. 21-3403) and was acquitted, and the innocence or guilt of the defendant is no longer in issue.

Defendant Joan E. Hodges shot and killed her husband on July 19, 1983. She was tried on a charge of second-degree murder under K.S.A. 21-3402. The...

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