State v. Buffington

The opinion of the court was delivered by

Johnston, C. J.:

George M. Buffington was charged with the felonious killing of Oda Miller, and convicted of murder in the second degree. Because of the failure to charge the jury on the lower degrees of the offense that conviction was set aside. (The State v. Buffington, 66 Kan. 706, 72 Pac. 213.) On the new trial he was again found guilty of murder in the sec*806ond degree, and has again appealed. The facts were quite fully set out in the first decision, and the testimony at the second trial appears to have been substantially the same as at the first,…