State v. Bohanan

The opinion of the court was delivered by

Prager, J.:

This is a direct appeal in a criminal action in which the defendant-appellant, David R. Bohanan, was charged with murder in the first degree (K. S. A. 21-3401) and aggravated robbery (K. S. A. 21-3427). He was tried by a jury, convicted of murder in the second degree (K. S. A. 21-3402), and found not guilty of aggravated robbery.

The factual circumstances of the homicide as disclosed at the trial were for the most part undisputed and are essentially as follows: Some time during the morning hours of September 13, 1974, Arthur R. Mendoza, was…