Kemp v. State

As to the finding of guilt on the principal charge upon review here, the defendant asserts: (1) It was error to find the defendant guilty upon the basis of the record of the preliminary examination, (2) that evidence is not sufficient to sustain the conviction, and (8) that the trial court had a duty to consider lesser included crimes.

On June 15,1971, the body of Diane Kemp, the defendant’s wife, was found in the bed in a bedroom of their apartment in a badly decomposed state, with two bullet holes in her back. At the autopsy, two .22-caliber bullets were removed from the body. One had gone…