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STATE v. MILUM

No. 47,178

213 Kan. 581 (1973)

516 P.2d 984

STATE OF KANSAS, Appellee, v. STEPHEN DECATUR MILUM, Appellant.

Supreme Court of Kansas.

Opinion filed December 8, 1973.

Attorney(s) appearing for the Case

Tom Boone, of Leavenworth, argued the cause and was on the brief for the appellant.

Patrick J. Reardon, county attorney, argued the cause, and Vern Miller, attorney general, Hall Triplett, special prosecutor, and Dennis Dietz, special prosecutor, were with him on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

Stephen Decatur Milum was convicted by a jury of escaping from the Kansas state penitentiary and he has appealed. His basic contention is that he was prevented from putting his defense before the jury.

The defense was coercion, or compulsion, as codified by K.S.A. (now 1972) Supp. 21-3209 (1):

"A person is not guilty of a crime other than murder or voluntary manslaughter by reason of conduct...

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