[DOWNLOAD] "State v. Gourley" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Gourley
- Author : Supreme Court of Kansas
- Release Date : January 06, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The opinion of the court was delivered by This is a direct appeal from convictions of first-degree murder (K.S.A. 21-3401), aggravated burglary (K.S.A. 21-3716), and felony theft (K.S.A. 21-3701). The essential facts in the case are as follows: On the evening of September 11, 1976, Malinda Hildebrand and her husband, Eugene, returned from nearby Yates Center to their home in Burlington, Kansas. During the trip Eugene fell soundly asleep in the back seat of the family automobile. Arriving at their home around midnight, Malinda Hildebrand parked the car in the driveway and went into the house to put their fifteen-month-old baby to bed. It is unknown whether she attempted to awaken her husband before retiring for the evening; there was testimony at the trial that Eugene Hildebrand was difficult to awaken when asleep. At 3:30 a.m., Eugene Hildebrand awoke and entered the house. Several lights were on inside the house and all of the doors were unlocked. Although he noticed that his guns were missing from their rack, he assumed that his wife had taken them down to dust. When Eugene Hildebrand entered the couple's bedroom, he discovered that his wife was dead. After checking the baby, who was unharmed, he discovered blood on the sheets and called the police. A later [224 Kan. 168] autopsy disclosed that Malinda Hildebrand had been strangled to death. An electric clock on the floor near the bed was stopped at 1:55 a.m. The cord was removed from the wall socket and broken in two. A laboratory analysis revealed blood and skin tissue on the cord. The victim's wedding and engagement rings had apparently been removed from her finger by her assailant. A search of the house revealed that four guns belonging to Mr. Hildebrand were missing. A car matching the description of the automobile of the defendant, Darrel Joseph Gourley, was observed parked near the Hildebrand home on the evening Mrs. Hildebrand was strangled.
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