State v. Underwood

Schroeder, C.J.,

dissenting. State v. Moffitt, 199 Kan. 514, 431 P.2d 879 (1967), has been the law of Kansas for thirteen years. The court now reverses its position on the law in that case regarding felony murder, where the underlying felony is the unlawful possession of a firearm proscribed by K.S.A. 21-4204(1)(6).

I would adhere to the law in the Moffitt decision.

Miller and McFarland, JJ., join in the foregoing dissenting opinion.