State v. Owen

• Court: Kansas Supreme Court
• Writing for the Court: WEDELL, Justice.
• Citation: State v. Owen, 161 Kan. 361, 168 P.2d 917 (Kan. 1946)
• Decision Date: 04 May 1946
• Docket Number: 36444.
• Parties: STATE v. OWEN.

168 P.2d 917

161 Kan. 361

STATE v. OWEN.

No. 36444.

Supreme Court of Kansas

May 4, 1946

Rehearing Granted July 6, 1946.

Appeal from District Court, Sedgwick County; Robert L. Nesmith Judge.

Albert L. Owen was convicted of second-degree murder, and he appeals.

Syllabus by the Court.

The record in a criminal case examined, and held: (1) The motion for a new trial is not made a part of the record on appeal and the grounds upon which it was based are not stated; (2) the order overruling the motion for a new trial is not one of the specifications of error; (3) on the record presented by this appeal defendant is not entitled to be heard with respect to alleged trial errors such as (a) the admission of incompetent evidence, (b) an instruction or (c) alleged misconduct of the county attorney.

George L. Adams, of Wichita (Clarence R. Sowers, of Wichita, on the brief), for appellant.

Pat Warnick, Co. Atty., of Wichita (A. B. Mitchell, Atty. Gen and L. M. Kagey, Lee R. Meador, Fred M. Field, John H Gerety, and B. Mack Bryant, Deputy Co. Attys., all of Wichita, on the briefs), for appellee.

WEDELL Justice.

This is an appeal by the defendant from a conviction of murder in the second degree. The charge was that he committed the murder of one Roy Meredith Cole by means of a firearm, to wit: a shotgun. The specifications of error are:

'1. Because the Court erred in instructing the jury.

'2. Because the Court erred in submitting the case to the jury on the charge of first degree murder.

'3. Because of error of the Court in ruling on the introduction of evidence.'

The second specification of error is not argued. Under such circumstances we assume it has been abandoned.

The...