State v. Phipps

The opinion of the court was delivered by

Owsley, J.:

Defendant Rodney LeRoy Phipps appeals from a conviction of first degree murder (K.S.A. 21-3401).

The record reveals that on November 23, 1977, defendant went to a residence in South Hutchinson, Kansas. Shortly after he arrived he became embroiled in a fight with the victim, Harlan Gail Calkins. The fight started in the front room of the house, continued into the dining room, and culminated in the bathroom. When defendant emerged from the bathroom he went to the back bedroom to talk to his sister-in-law. Shortly thereafter he left the bedroom,…