State v. Melton

The opinion of the court was delivered by

Foth, C.:

Appellant was convicted of manslaughter in the first degree (K. S. A. 21-407) in connection with the death on February 5, 1967, of Mrs. Lillie Mae Colbert of Coffeyville, Kansas. This was appellant’s third trial on a charge of first degree murder. (An additional count of rape was dismissed at the preliminary hearing.) The first trial ended in a mistrial when a juror died, and the second when the jury was unable to agree on a verdict. After appellant’s motion for a new trial was overruled the state, pursuant to previous notice, introduced…