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STATE v. McCRAY

No. 79,281.

267 Kan. 339 (1999)

979 P.2d 134

STATE OF KANSAS, Appellee, v. DAMON L. McCRAY, Appellant.

Supreme Court of Kansas.

Opinion filed May 4, 1999.

Attorney(s) appearing for the Case

Chris R. Davis, of Phelps, Chartered, of Topeka, argued the cause and was on the brief for appellant.

Angela M. Wilson, assistant district attorney, argued the cause, and Christine K. Tonkovich, district attorney, and Carla J. Stovall, attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

Defendant appeals his conviction of first-degree felony murder, K.S.A. 21-3401(b). Defendant claims there was insufficient evidence to support the underlying felony in the felony-murder conviction, he was denied a fair trial by the prosecutor's closing argument, and the trial court erred in finding that a witness was unavailable.

Late in the evening on August 14, 1996, the victim, Onzie Branch...

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