State v. Stafford

The opinion of the court was delivered by

Owsley, J.:

This is a direct appeal from a jury verdict of guilty of the offense of second degree murder (K.S.A. 21-3402). Defendant had been living with the victim, Shirley Sanders, for about three years.

The facts which led to Shirley Sanders’ death are not in serious dispute. On the afternoon of December 28, 1974, defendant arrived home from work, planning to meet Shirley later at a friend’s house. Before leaving home, defendant had two mixed drinks and got his handgun, ostensibly for the purpose of taking it to the friend for later use to herald in…