STATE v. CARTER

No. 54.075

232 Kan. 124 (1982)

652 P.2d 694

STATE OF KANSAS, Appellee, v. LARRY H. CARTER, Appellant.

Supreme Court of Kansas.

Opinion filed October 22, 1982.


Attorney(s) appearing for the Case

Carl Wagner, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, and Clark V. Owens, district attorney, were with him on the brief for appellee.

Michael B. Roach, of Wichita, argued the cause and was on the brief for appellant.


The opinion of the court was delivered by

McFARLAND, J.:

Larry H. Carter appeals his jury trial conviction of kidnapping (K.S.A. 21-3420) and burglary (K.S.A. 21-3715).

For his first issue, defendant contends the trial court erred in refusing to instruct on unlawful restraint (K.S.A. 21-3424) as a lesser included offense of the kidnapping charge. Of necessity, the relevant facts must be set forth in some detail.

Cynthia S., the victim herein...

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