State v. Childers

The opinion of the court was delivered by

Kaul, J.:

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…