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STATE v. GRESS

No. 46,867

210 Kan. 850 (1972)

504 P.2d 256

STATE OF KANSAS, Appellee, v. DONALD GROVER GRESS, Appellant.

Supreme Court of Kansas.

Opinion filed December 9, 1972.

Attorney(s) appearing for the Case

Michael Lerner, of Kansas City, argued the cause, and Anthony R. Russo, also of Kansas City, was with him on the brief for the appellant.

Nick A. Tomasic, chief deputy county attorney, argued the cause, and Vern Miller, attorney general, and F.D. Menghini, county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

This is a direct appeal from a conviction for murder in the second degree. The charge was under K.S.A. 21-402 (now K.S.A. 1971 Supp. 21-3402). Appellant was sentenced to the custody of the State Penal Director for a term of fifteen years. The murder victim was appellant's 84 year old grandfather.

The events leading to the prosecution will be highly summarized...

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