The opinion of the court was delivered by
McFARLAND, J.:
Jaycee R. Deggs appeals his jury trial conviction of aggravated battery (K.S.A. 21-3414). The Court of Appeals reversed the conviction in an unpublished opinion filed January 10, 1992. The matter is before us on the State's petition for review.
The sole issue is whether the trial court erred in failing to instruct the jury on simple battery (K.S.A. 21-3412) as a lesser included offense of aggravated...
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