State v. McCowan

The opinion of the court was delivered by

Holmes, J.:

This is a direct appeal by defendant-appellant Richard M. McCowan from conviction by a jury of one count of first degree murder. K.S.A. 21-3401. This is the second time this case has been before this court. The action was tried the first time in Saline County, on a change of venue from Wichita County, resulting in a conviction of first degree murder under the felony murder theory. State v. McCowan, 223 Kan. 329, 573 P.2d 1029 (1978), (McCowan J). In the prior action the complaint alleged both premeditated murder and felony murder with the…