State v. Kidwell

The opinion of the court was delivered by

Fontron, J.:

This case now makes its second appearance before the court. On February 13, 1967, the defendant, Thomas M. Kidwell, was convicted by a jury of first degree murder in the death of his wife. The judge who presided at that trial set the conviction aside and granted a new trial because of trial errors. On appeal by the state, the order granting the defendant a new trial was affirmed by this court in State v. Kidwell, 199 Kan. 752, 434 P. 2d 316.

On December 15, 1967, the charge against Kidwell came on for trial a second time, and a jury was…