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STATE v. STONE

No. 68,149

253 Kan. 105 (1993)

853 P.2d 662

STATE OF KANSAS, Appellee, v. RICHARD STONE, Appellant.

Supreme Court of Kansas.

Opinion filed May 28, 1993.

Attorney(s) appearing for the Case

Stephen Douglas Bonney, special appellate defender, of Kansas City, Missouri, argued the cause, and Jessica R. Kunen, chief appellate defender, was with him on the brief for appellant.

David Lowden, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Robert T. Stephan, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

Richard Stone appeals his jury trial convictions of second-degree murder (K.S.A. 21-3402) and misdemeanor theft (K.S.A. 21-3701). No issues relative to the theft conviction are asserted.

INSTRUCTION ON INTENT

For his first issue on appeal, the defendant contends that the intent instruction given by the court (PIK Crim.2d 54.01 [1992 Supp.]) violated...

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