161 KAN 361 - State v. Owen

How this case has been cited

Cited by 28 later decisions — most recently July 1965 · most notably State v. Hamilton (1959), State v. Aeby (1963)

28 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1The opinion of the court was delivered by

Wedell, J.:

¶2This is an appeal by the defendant from a conviction of murder in the second degree. The charge was that he committed the murder of one Roy Meredith Cole by means of a firearm, to wit: a shotgun. The specifications of error are:

*362“1. Because the Court erred in instructing the jury.

“2. Because the Court erred in submitting the case to the jury on the charge of first degree murder.

“3. Because of error of the Court in ruling on the introduction of evidence.”

¶3The second specification of error is not argued. Under such circumstances we assume it has been abandoned.

¶4The motion for a new trial is not included in the record before this court nor are the grounds thereof stated. The order overruling the motion for a new trial, whatever the grounds thereof may have been, is not one of the specifications of error. In view of the record presented appellant is not entitled to be heard with respect to alleged trial errors such as the admission of incompetent evidence, an instruction given or alleged misconduct of the county attorney. Upon the record before us this court is compelled to affirm the judgment of the trial court.

¶5The judgment is affirmed.