State v. Gutierrez

This is an appeal in a criminal action from a bench trial in which Ernest B. Gutierrez (defendant-appellant) was found guilty of second degree murder (K.S.A. 21-3402). The sole issue asserted in this appeal is whether the trial court erred in the admission of enlarged autopsy photographs.

On May 29, 1976, nine-month-old Michelle Gutierrez was pronounced dead on arrival at St. Joseph’s Hospital in Wichita, Kansas, by Dr. Antonio Osio. She had entered the hospital suffering from acute distress with bruises on her face, chest and abdomen. Because of the nature of her injuries, an autopsy was…