State v. Mitchell

The opinion of the court was delivered by

Hall, J.:

This is an appeal from the verdict of the jury convicting the defendant of murder in the second degree.

On the 9th day of December, 1955, in the city of Wichita, Sedgwick County, Kansas, Marjorie Mitchell died as the result of a bullet wound from a .22 caliber rifle. Her common law husband, Wesley Mitchell, was charged with the crime of murder in the first degree and was tried in the district court of Sedgwick County in March, 1956. The jury convicted him of murder in the second degree.

The defendant filed a motion for new trial which was…