State v. Case

The opinion of the court was delivered by

Holmes, J.:

This is an appeal by defendant Edward E. Case from jury convictions of two counts of felony murder (K.S.A. 21-3401), one count of aggravated arson (K.S.A. 21-3719), one count of aggravated burglary (K.S.A. 21-3716), and one count of misdemeanor theft (K.S.A. 1979 Supp. 21-3701).

On the night of June 22, 1978, at approximately ten or eleven o’clock, the defendant and John Lunsford were driving in the Lake Kahola area west of Emporia. After making an unsuccessful attempt to break into some of the cabins around the lake, Case and Lunsford made…