State v. Booker

The opinion of the court was delivered by

Kaul, J.:

This is a second appeal by the defendant, Edna Mae Booker, from a second conviction of first degree manslaughter. Our opinion in the first appeal is reported in State v. Booker, 197 Kan. 13, 415 P. 2d 411, and will be referred to in the course of this opinion.

The defendant was charged with the first degree murder of her husband, James Booker, by shooting him with a pistol at 5 p. m. on March 8, 1965, in their home in Wichita. She was tried by a jury and convicted of manslaughter in the first degree. (K. S. A. 21-407.) On appeal the first…