State v. Miesbauer

The opinion of the court was delivered by

McFarland, J.:

Frank Miesbauer appeals his jury trial convic tion of first degree murder (K.S.A. 21-3401). The victim of the crime was defendant’s wife, Ila Miesbauer.

The first issue in whether the trial court erred in refusing to suppress evidence seized at the crime scene. In order to make this issue meaningful, we must set forth in considerable detail, the events that led to the discovery of the victim’s body.

On April 13,1981, McPherson County Sheriff, Harris G. Terry, received a telephone call from Shirley Unruh, manager of a McPherson motel. Ms.…