STATE v. SELBERG

No. 71,194

21 Kan. App. 2d 610 (1995)

STATE OF KANSAS, Appellee, v. LLOYD W. SELBERG, Appellant.

Court of Appeals of Kansas.

Opinion filed October 27, 1995.


Attorney(s) appearing for the Case

Joseph A. McMillen, of Kansas City, for appellant.

Donald W. Hymer, Jr., assistant district attorney, Paul J. Morrison, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before ELLIOTT, P.J., GERNON, J., and D. KEITH ANDERSON, District Judge, assigned.


ELLIOTT, J.:

Lloyd Selberg appeals his conviction for criminal nonsupport of a child. K.S.A. 1991 Supp. 21-3605(1) (now K.S.A. 1994 Supp. 21-3605[a]). We must reverse.

On appeal, Selberg argues the statute is unconstitutionally vague and that the trial court improperly refused to allow his evidence that the child was not in necessitous circumstances. In reversing, we need not reach the constitutional question.

K.S.A. 1994 Supp. 21-3605(a)(1) provides...

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