State v. Clark

The opinion o£ the court was delivered by

Kaul, J.:

This is an appeal in a criminal action by the defendant-appellant who was convicted by a jury of first degree murder of his wife. He was sentenced to life imprisonment in the Kansas State Penitentiary.

The principal issue concerns the propriety of instructions dealing with the felony murder rule as applied to the facts of the case.

The sole defense at the trial was insanity at the time of the alleged offense. The facts are not in dispute.

Defendant Ralph J. Clark, a deaf mute, and Rosa E. Clark had been married for about thirteen years and lived…