STATE v. ALLISON

No. 65,996

16 Kan. App. 2d 321 (1991)

823 P.2d 213

STATE OF KANSAS, Appellee, v. CHRISTOPHER J. ALLISON, Appellant.

Court of Appeals of Kansas.

Opinion filed December 20, 1991.


Attorney(s) appearing for the Case

J. Patrick Lawless, Jr., assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for the appellant.

James R. Spring, deputy county attorney, and Robert T. Stephan, attorney general, for the appellee.

Before RULON, P.J., DAVIS, J., and JAMES P. BUCHELE, District Judge, assigned.


DAVIS, J.:

The defendant, Christopher J. Allison, was convicted by a jury of child abuse in violation of K.S.A. 21-3609. He appeals, contending that the failure of the court to instruct on the lesser included offense of battery requires that we reverse. He alleges other errors but, because we agree with his contention that a lesser included instruction was required, we reverse and remand for a new trial.

Late one evening, the defendant approached Clyde Thornton...

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