Eckert's opinion, the injuries to Sandra Bird's kidney could have been caused by her falling from a height in excess of 20 feet. In the doctor's opinion, the linear marks above her wrist could have been caused by an instrument such as a branch of a tree, a baseball bat, a pool cue, or a tire iron. Eckert explained defensive injuries as injuries caused when a person has his arms outstretched in an effort to ward off blows in an attack. Eckert was of the opinion that the injuries on the back of her arms were defensive injuries. Eckert also found three linear type injuries above the left wrist which was fractured, a similar injury on the right arm above the wrist, and one in the elbow joint of the right arm. Eckert, was capable of rendering a person unconscious instantaneously. Gabriel, the second autopsy revealed fractures of the left shoulder blade and a laceration on the top of her head indicating a considerable amount of impact or blunt trauma which, according to Dr. Eckert, a certified forensic pathologist. In October of 1984, the body of Sandra Bird was exhumed and a second autopsy was performed by Dr. Subsequent developments caused the police authorities to believe that the death of Sandra Bird had resulted from criminal action. From an examination of the gravel roadway, ditches, and the fence rows south of the bridge, it was concluded *289 that there was no evidence that the car was out of control or made any kind of braking or sliding action before going down the embankment. Shortly after the body was discovered, police officers arrived at the scene and took photographs and measurements. At that time, no one seemed to question Dr. The doctor noted that Sandra's most serious injury was a transacted kidney which he stated was the kind of injury people receive in motor vehicle accidents. Juan Gabriel, who performed an autopsy and determined that Sandra had died as the result of an automobile accident when her car missed the bridge and proceeded down an embankment into the river. Directly south of the Rocky Ford Bridge there is an S-curve consisting of two 90-degree angle turns. The death occurred below the Rocky Ford Bridge which is located south of the city of Emporia on a gravel road. The charge arose out of the death of the defendant's wife, Sandra Bird, whose body was found on July 17, 1983, lying face down in a river in front of her overturned car.
This is a direct appeal by the defendant, Thomas Bird, from a jury conviction of first-degree premeditated murder (K.S.A. The opinion of the court was delivered by Stephan, attorney general, was with him on the brief for appellee. Symmonds, county attorney, argued the cause, and Robert T. Wood, chief appellate defender, argued the cause, and Melissa Sheridan, assistant appellate defender, was with him on the brief for appellant.
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