State v. Hardisty

The opinion of the court was delivered by

Hopkins, J.:

The defendant was convicted of murder in the first degree, and appealed. The judgment was affirmed (State v. Hardisty, 121 Kan. 576), and now he presents a motion for rehearing on the ground that the decision was contrary to the law and the evidence.

The tragedy was the result of a controversy over the grading of a *528road. (For full statement of facts see State v. Hardisty, supra.) The defendant again argues the principal questions previously presented and considered. He contends that the circumstances attending the homicide were such that it…