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STATE v. OWENS

No. 64223.

807 P.2d 101 (1991)

248 Kan. 273

STATE of Kansas, Appellee, v. Archie E. OWENS, Jr., Appellant.

Supreme Court of Kansas.

March 1, 1991.

Attorney(s) appearing for the Case

Reid T. Nelson, Asst. Appellate Defender, argued the cause, and Jessica R. Kunen, Chief Appellate Defender, was with him on the briefs, for appellant.

Nick A. Tomasic, Dist. Atty., argued the cause, and Robert T. Stephan, Atty. Gen., was with him on the brief, for appellee.

SIX, Judge:

Archie E. Owens, Jr., appeals his jury convictions of first-degree murder (K.S.A. 21-3401) and theft over $500 (K.S.A. 21-3701). We have jurisdiction under K.S.A. 22-3601(b)(1). This appeal considers as primary issues the defendant's alleged amnesia and his competency to stand trial. Ancillary issues concern the validity of jury instruction PIK Crim.2d 52.13 concerning a defendant's choosing not to testify and of the trial court's refusal to instruct on...

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