State v. Linville

The opinion of the court was delivered by

Wedell, J.:

This is an appeal from a conviction of simple assault. Defendant had been previously tried and convicted of manslaughter in the second degree. This court reversed that judgment for trial errors and remanded the case for retrial. (State v. Linville, 148 Kan. 142, 79 Pac. 869.) The first action was tried in Allen county, *618where the alleged offense occurred. The retrial was had in Woodson county in response to a change of venue requested by the defendant. The subject of venue, however, is not involved in this appeal.

In the instant case a…