State v. Foy

The opinion of the court was delivered by

Prager, J.:

This is a direct appeal in a criminal action from a conviction of felony murder (K.S.A. 21-3401). This case was before this court on appeal in State v. Foy, 224 Kan. 558, 582 P.2d 281 (1978). On the first appeal, the case was reversed and remanded for a new trial. After remand, the case was transferred to Sedgwick County and tried to a jury.

The evidence presented at the second trial did not substantially differ from that offered in the first trial except the defendant, Roger D. Foy, did not take the stand as he did in the first trial. The…