State v. Hathaway

Appellant did not abstract the evidence. At the oral argument his counsel advised us that the evidence was sufficient, if believed by the- jury, to sustain the verdict. The evi*610dence abstracted by the state, fairly summarized in the opinion, confirms this view; indeed, it appears sufficient to have sustained a verdict for second degree murder. In this situation we may repeat as applicable a statement from the opinion in State v. Bowman, 106 Kan. 430, 431, 188 Pac. 242: “What we are accustomed to call ‘the merits of the case’ are not involved.”

Careful counsel for appellant, watching every step…