[DOWNLOAD] "State v. Cates" by Supreme Court of Kansas * eBook PDF Kindle ePub Free

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eBook details

• Title: State v. Cates
• Author : Supreme Court of Kansas
• Release Date : January 01, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

The opinion of the court was delivered by Willie L. Cates was charged with premeditated and felony murder (K.S.A. 21-3401), and unlawful possession of a firearm after conviction of a felony (K.S.A. 21-4204[1][b]). A jury found him guilty of murder in the second degree (K.S.A. 21-3402) and acquitted him of the other charges. He appeals and raises four points of alleged error. Two of the points concern the alleged existence of evidence at the trial which would require the trial judge to give instructions on either involuntary manslaughter or voluntary manslaughter or both. In a criminal prosecution where the offense charged may include some lesser offense it is the duty of the trial court, under the provisions of K.S.A. 1972 Supp. 21-3107(3), to instruct the jury, not only as to the offense charged but as to all lesser offenses of which the accused might be found guilty under the information and upon the evidence adduced. (State v. Warbritton, 211 Kan. 506, Syl. ¶ 1, 506 P.2d 1152 [1973]. See also State v. Weyer, 210 Kan. 721, Syl. ¶ 1, 504 P.2d 178 [1972].) The evidence at the trial indicates a feud developed between the members and friends of two families in Wichita, which feud lasted four days and culminated in the death of Mike Fair on April 5, 1976, from a gunshot wound to the head. The two groups which carried on this vendetta will be referred to as the Cates [223 Kan. 725]

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