State v. Miller

The opinion of the court was delivered by

Kaul, J.:

Defendant-appellant, Gary M. Miller, appeals from a conviction by a jury of murder in the second degree. Defendant was charged with first degree murder of his wife, Mary, and convicted of the charge. A motion for a new trial was sustained following defendant’s conviction. Defendant was again tried on a charge of murder in the first degree, but was convicted of second degree murder and this appeal followed.

Around 4:30 a.m. October 21, 1974, the fire department of Overland Park was notified of a fire at the Miller residence. Shortly thereafter…