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STATE v. ALTUM

No. 76,734.

262 Kan. 733 (1997)

941 P.2d 1348

STATE OF KANSAS, Appellee, v. VINCENT D. ALTUM, Appellant.

Supreme Court of Kansas.

Opinion filed July 11, 1997.

Attorney(s) appearing for the Case

Mary D. Prewitt, assistant appellate defender, argued the cause, and Wendy L. Rhyne Slayton, special appellate defender, and Jessica R. Kunen, chief appellate defender, were on the brief for appellant.

Debra S. Peterson, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Carla J. Stovall, attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

Vincent Altum appeals his conviction by a jury of one count of felony murder. The underlying felony count, abuse of a child, was dismissed by the district court following trial. Altum was sentenced to life imprisonment.

The defendant, Vincent Altum, lived with Toni Lynne Phipps and her 14-month-old son, Dylan Cox. When Phipps was at work, Altum, who was unemployed, watched Dylan. Phipps testified...

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