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STATE v. SMITH

No. 48,757

223 Kan. 203 (1977)

574 P.2d 548

STATE OF KANSAS, Appellee, v. DAVID EARL SMITH, Appellant.

Supreme Court of Kansas.

Opinion filed December 10, 1977.

Attorney(s) appearing for the Case

Ray L. Borth, of Ballweg, Borth & Wilson, of Prairie Village, argued the cause, and Kim Daniel Richey, of Prairie Village, was with him on the brief for the appellant.

Michael E. Baker, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, and Dennis W. Moore, district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, C.J.:

This is an appeal in a criminal action from a jury verdict which found David Earl Smith (defendant-appellant) guilty of one count of felony murder (K.S.A. 21-3401), one count of burglary (K.S.A. 21-3412), and one count of felony theft (K.S.A. 21-3701).

The sole question on appeal is whether it was error for the trial court to instruct the jury regarding the defendant's insanity defense using...

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