STATE v. FRANZ

No. 55,479

9 Kan. App. 2d 319 (1984)

676 P.2d 157

STATE OF KANSAS, Appellee, v. DAVID W. FRANZ, Appellant.

Court of Appeals of Kansas.

Opinion filed February 9, 1984.


Attorney(s) appearing for the Case

Antonio L. Ortega, of Blase, Blase & Ortega, of Wichita, for appellant.

Kimberly Gee Vines, assistant district attorney, Clark V. Owens, district attorney, and Robert T. Stephan, attorney general, for appellee.

Before MEYER, P.J., ABBOTT and SWINEHART, JJ.


ABBOTT, J.:

This is a direct appeal by the defendant, David W. Franz, from his misdemeanor conviction for battery of a law enforcement officer. K.S.A. 21-3413.

I. Battery Instruction.

Defendant argues that K.S.A. 21-3412 defines battery as unlawful touching, and that the instruction to the jury does not contain the word "unlawful." The instruction given is verbatim with PIK Crim.2d 56.17. Defendant concedes that he made no objection at trial...

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