State v. Burton

The opinion of the court was delivered by

Mason, J. :

On October 6, 1901, Robert Hawthorn Burton was convicted of murder in the first degree. By reason of the rejection of certain evidence offered by the defendant at the trial the judgment was .re*200versed, in The State v. Burton, 63 Kan. 602, where the circumstances of the homicide are stated. A new trial resulted in a conviction for murder in the second degree, which also was set aside on appeal on account of the misconduct of jurors. (The State v. Burton, 65 Kan. 704, 70 Pac. 640.) Upon a third trial, the defendant was again convicted of murder…