State v. Levier

The opinion of the court was delivered by

Miller, J.:

James Francis Levier appeals directly to this court following his conviction of murder in the second degree, a class B felony, in violation of K.S.A. 21-3402. Levier was sentenced to a term of not less than 30 years nor more than life under the provisions of K.S.A. 21-4501 and K.S.A. 21-4504. Many issues are raised; each will be stated and discussed separately.

The facts, stated briefly, are these. On the morning of April 30, 1977, defendant came to his brother David’s home at 723 Adams in Topeka. Betty Sue Germonprez was also living there.…