State v. Sparks

The opinion of the court was delivered by

Kaul, J.:

Defendant (Kenneth D. Sparks) appeals from a conviction by a jury of murder in the second degree. (K. S. A. 21-3402.) The victim was LaDonna King, the two-year-old stepdaughter of defendant. The state’s case against defendant rested largely upon circumstantial evidence and the sufficiency thereof is the paramount question on appeal.

Because of the nature of the questions raised we have called for and examined the original trial transcript in addition to the record on appeal. The evidence discloses that about 7 p. m. during the evening of March…