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State v. Mauldin

529 P.2d 124 (1974)

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State v. Mauldin

Kansas Supreme Court
529 P.2d 124 (1974)

SH

Facts

Robert Mauldin (defendant) sold heroin to the deceased, who thereafter went to a friend’s apartment, injected himself with a shot of heroin, and died from an overdose. Mauldin was charged with first-degree felony murder and filed a motion to dismiss the charge on grounds that the deceased was not killed while Mauldin was alleged to have been perpetrating or attempting to perpetrate a felony. The trial court granted Mauldin’s motion and dismissed the charge.

Rule of Law

Issue

Holding and Reasoning (Kaul, J.)

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Criminal Law

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