Nature of the Case
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Facts
Goodseal (D) had been convicted of forcible rape. He served his time. In December 1973, he sought employment in Denver, Colorado. D stayed with a friend, Davis, who testified D handled a .38 caliber revolver during his Colorado stay and that D stated during their return trip to Wichita in D's automobile he, D, had a gun in the car trunk. They arrived in Wichita. D met Silky who was a topless dancer. She displayed a .22 caliber pistol which she was carrying in her purse and said she had another gun hidden at the club and that both guns were for her protection. At the club, that evening D told his friend Davis that he had a gun, but Davis did not see him with one at any time during the afternoon or early evening. D also intervened in an argument between the club bartender and the girl who was the manager of the dancers, offering to help the latter. At one point he commented, 'If you're having some trouble I got a heater in my back pocket that will straighten it out.' D and Silky agreed that it would be a good idea for Silky to turn tricks in the parking lot of the topless dancing club but then have D come up on them and pretend to be her husband so she would not have to have sex with the men but still keeping their money. D testified that after this agreement Silky handed him a .38 caliber revolver which she said was not loaded. At the appointed time, D approached the car and tapped on the glass with the butt of a pistol. Silky unlocked the door and D opened it and eventually, the John, Hunter, realized that he had been taken. D then testified that when he bent over to get Silky's shoes, the gun discharged and killed Hunter. Silky vanished immediately after the shooting. D was convicted of unlawful possession but acquitted of aggravated robbery. It was undecided on the murder charge. On a second trial, D was convicted of felony murder and appealed.
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