STATE v. SIMON

No. 53,843

231 Kan. 572 (1982)

646 P.2d 1119

STATE OF KANSAS, Appellant, v. ANTHONY J. SIMON, Appellee.

Supreme Court of Kansas.

Opinion filed June 11, 1982.


Attorney(s) appearing for the Case

Robert T. Stephan, attorney general, Clark V. Owens, district attorney, and Geary N. Gorup, assistant district attorney, were on the brief for appellant.

No appearance by appellee.

Ronald E. Wurtz, of Topeka, was on the amicus curiae brief for the Kansas Trial Lawyers Association.


The opinion of the court was delivered by

McFARLAND, J.:

This is a direct appeal by the prosecution upon a question reserved pursuant to K.S.A. 22-3602(b)(3).

The issue presented in this appeal is whether the statutory justification for the use of deadly force in defense of a person contained in K.S.A. 21-3211 is to be determined by the trier of fact using a subjective standard (from the viewpoint of the accused's state of mind) or by using...

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