State v. Underwood

*295The opinion of the court was delivered by

Fromme, J.:

Curtis Leon Underwood appeals from a jury conviction of felony murder (K.S.A. 21-3401). The underlying felony which is being used to classify the homicide as a felony murder is unlawful possession of a firearm as defined in K.S.A. 21-4204(l)(b). This forms the basis for appeal No. 51,401 in this court.

In an attempt to erase the underlying or collateral felony the defendant filed two motions in a 1974 case in which he had been convicted of felony theft. He filed one motion to annul this conviction and a second motion to withdraw his plea of…