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STATE v. PROUSE

No. 61,872

244 Kan. 292 (1989)

767 P.2d 1308

STATE OF KANSAS, Appellee, v. ROBERT GENE PROUSE, Appellant.

Supreme Court of Kansas.

Opinion filed January 20, 1989.

Attorney(s) appearing for the Case

Lucille Marino, assistant appellate defender, argued the cause, and Benjamin C. Wood, chief appellate defender, was with her on the brief for appellant.

Kerwin L. Spencer, county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

Robert Gene Prouse appeals his jury trial convictions of child abuse (K.S.A. 1987 Supp. 21-3609) and first-degree felony murder (K.S.A. 21-3401).

On February 15, 1987, defendant and his wife, Susan Prouse, brought their seven-week-old daughter, Felicity, to the emergency room of the Caldwell Hospital. The baby was not breathing. CPR was administered. Twenty minutes later Felicity was pronounced...

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