State v. Egbert

The opinion of the court was delivered by

Miller, J.:

This is a direct appeal in a criminal case by Edwin R. Egbert who was found guilty by a jury of murder in the second degree, K.S.A. 21-3402, as a lesser included offense of the charged crime of first degree murder. He was sentenced to imprisonment for a term of not less than five years nor more than life. He claims that the trial court erred in its jury instructions and in the admission of certain evidence.

The defendant and the victim, Janet Egbert, were married in 1965 and had one child who was 9 years old at the time of this tragedy.…