STATE v. HUPP

No. 65035.

809 P.2d 1207 (1991)

248 Kan. 644

STATE of Kansas, Appellee, v. Mark HUPP, Appellant.

Supreme Court of Kansas.

April 15, 1991.


Attorney(s) appearing for the Case

Steven R. Zinn, Deputy Appellate Defender, argued the cause, and Jessica R. Kunen, Chief Appellate Defender, was with him on the brief, for appellant.

David B. Debenham, Asst. Dist. Atty., argued the cause, and Gene M. Olander, Dist. Atty., and Robert T. Stephan, Atty. Gen., were with him on the brief, for appellee.


ABBOTT, Justice:

This is a direct appeal by defendant Mark Hupp from his conviction by a jury of first-degree murder based upon a killing committed in the perpetration of the abuse of a child, K.S.A.1989 Supp. 21-3401(c).

Hupp contends that the trial court erred in failing to instruct the jury on lesser included offenses and that K.S.A. 21-3609 is unconstitutionally vague in that it does not reasonably convey a sufficient warning as to the conduct which is...

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