State v. Martin

The opinion o£ the court was delivered by

O’Connor, J.:

This is a direct appeal in which the defendant, Wayne “Bo” Martin, although charged with first degree murder, was found guilty by a jury of murder in the second degree (K. S. A. 21-402). A motion for new trial was overruled, and defendant was sentenced to the penitentiary for a term of not less than twenty years nor more than forty years.

The offense of which defendant was convicted occurred May 2, 1967, at the Kansas State Penitentiary where both defendant and the victim, Ronald C. Woods, were inmates. The prosecution’s evidence disclosed…