[Download] "State v. Childers" by Supreme Court of Kansas * Book PDF Kindle ePub Free
eBook details
- Title: State v. Childers
- Author : Supreme Court of Kansas
- Release Date : January 09, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The opinion of the court was delivered by Defendant-appellant (Moore Childers) appeals from a conviction by a jury of second degree murder (K.S.A. 21-3402). This is the second appearance of this case before this court. Defendant was previously convicted of the same charge by a different jury. The prior conviction was reversed in State v. Childers, 217 Kan. 410, 536 P.2d 1349, because of the trial court's failure to instruct on the lesser included offense of involuntary manslaughter (K.S.A. 21-3404). Upon remand the case was retried before another trial judge who submitted the previously omitted lesser offense instruction, but the trial resulted in the same jury verdict as that returned in the first trial. This appeal followed. The record reflects that the state's evidence in the second trial closely parallels the facts recited in our opinion in the first [222 Kan. 34]