State v. Bishop

The opinion of the court was delivered by

McFarland, J.:

This is a direct appeal in a criminal action in which defendant-appellant was convicted after a trial by jury of first degree murder (K.S.A. 21-3401) and aggravated burglary (K.S.A. 21-3716).

The defendant and his wife, Joy, resided in Jetmore, Kansas, in a house owned by Joy’s mother. Five children lived in the home, only one of whom was a child of the marriage. Three of the children were defendant’s from a prior marriage. The fifth was Joy’s three-year-old child, David. Marital problems arose and the defendant moved out of the home. A…