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STATE v. BUTTERWORTH

No. 62,810

246 Kan. 541 (1990)

792 P.2d 1049

STATE OF KANSAS, Appellant, v. WILLIAM T. BUTTERWORTH, Appellee.

Supreme Court of Kansas.

Opinion filed May 25, 1990.

Attorney(s) appearing for the Case

Debra Byrd Wagner, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Robert T. Stephan, attorney general, were with her on the brief for the appellant.

Jessica R. Kunen, chief appellate defender, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

MILLER, C.J.:

Hypnotically refreshed testimony of the defendant, William T. Butterworth, was admitted by the trial court over the State's objection during Butterworth's trial on three counts of first-degree murder and one count of felony theft. The jury returned a verdict of acquittal. The State reserved the question of the propriety of the admission of Butterworth's testimony...

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