State v. Carpenter

The opinion of the court was delivered by

Holmes, J.:

Defendant, Eben W. Carpenter, appeals from a conviction in a trial to the court of one count of second-degree murder. This is the third appearance of this case, in one form or another, before this court. See State v. Carpenter, 215 Kan. 573, 527 P.2d 1333 (1974) (Carpenter I), and Carpenter v. State, 223 Kan. 523, 575 P.2d 26 (1978) (Carpenter II), for a statement of the facts in the prior cases which will not be repeated in detail here.

In Carpenter I, the defendant Eben W. Carpenter was charged with the first-degree murder of one Willis…