State v. Fouts

The opinion of the court was delivered by

Parker, J.:

This is an appeal from a conviction of murder in the second degree.

On the morning of April 22, 1949, Grace Nutt, who was thirty-six years of age and living with her husband, William H. Nutt, was murdered in her farm home on highway No. 160, 10 miles east of Parsons, Kan., in Labette county, between the hours of 8:20 a. m. and 10:20 a. m. Her death, which occurred at 1:20 p. m. on that day, was the direct result of two shots fired from a 38-caliber pistol. Under the evidence there can be no question but what the person who killed her came to…