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STATE v. DARGATZ

No. 51,520

228 Kan. 322 (1980)

614 P.2d 430

STATE OF KANSAS, Appellee, v. DONALD L. DARGATZ, Appellant.

Supreme Court of Kansas.

Opinion filed July 18, 1980.

Attorney(s) appearing for the Case

Martin R. Ufford, of Wichita, argued the cause and was on the brief for the appellant.

Beverly Dempsey, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, Vern Miller, district attorney, and Neal Brady, assistant district attorney, were with her on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is a direct appeal in a criminal action in which the defendant, Donald L. Dargatz, was convicted of incitement to riot (K.S.A. 21-4105) and murder in the second degree (K.S.A. 21-3402). The facts in the case were virtually undisputed and are as follows: Around 6:00 or 7:00 p.m. on the evening of November 17, 1978, defendant Dargatz, a white male in his mid...

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