State v. Butterworth

The opinion of the court was delivered by

Miller, C. J.:

Hypnotically refreshed testimony of the defendant, William T. Butterworth, was admitted by the trial court over the State’s objection during Butterworth’s trial on three counts of first-degree murder and one count of felony theft. The jury returned a verdict of acquittal. The State reserved the question of the propriety of the admission of Butterworth’s testimony and appeals. K.S.A. 22-3602(b)(3). We deny the State’s appeal.

The sole question before us is whether the trial court erred in admitting into evidence defendant Butterworth’s…