State v. Furthmyer

The opinion of the court was delivered by

Marshall, J.:

The defendant was prosecuted for murder in the first degree, charged with killing John E. O’Loughlin. He was con*318victed of murder in the second degree, sentenced on that conviction, and appeals to this court.

There was evidence which tended to prove that the defendant,. on the evening of January 19, 1928, was visiting at the home of Mabel Dickerson in Hays, Ellis county, Kansas; that the defendant was engaged to be married to Mabel Dickerson; that she had two children, Elnora Dickerson, aged eleven years, and Jeanne Dickerson, aged nine…