STATE v. KELLY

No. 71,631

21 Kan. App. 2d 114 (1995)

STATE OF KANSAS, Appellee, v. DANNY LEE KELLY, Appellant.

Court of Appeals of Kansas.

Opinion filed June 9, 1995.


Attorney(s) appearing for the Case

Michael L. Helvey, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

Debra S. Peterson, assistant district attorney. Nola Foulston, district attorney, and Robert T. Stephan, attorney general, for appellee.

Before BRAZIL, C.J., LARSON, J., and DANIEL L. LOVE, District Judge, assigned.


BRAZIL, C.J.:

Danny Lee Kelly appeals his conviction of aggravated escape from custody. He argues that the trial court erred in concluding that the compulsion defense was not available and refusing to instruct on it. We affirm.

Kelly testified that while he was incarcerated in a minimum security prison in Hutchinson, he became concerned for his son. He testified that his wife, Ginger, used cocaine and sold food stamps to buy drugs. On one occasion when Ginger...

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