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STATE v. CHEEK

No. 75,381.

262 Kan. 91 (1997)

936 P.2d 749

STATE OF KANSAS, Appellee, v. JOHN E. CHEEK, Appellant.

Supreme Court of Kansas.

Opinion filed April 18, 1997.

Attorney(s) appearing for the Case

Carl Cornwell, of Cornwell & Edmonds, of Overland Park, argued the cause, and Lindsey P. Erickson, of the same firm, and Keith C. Sevedge, of Lenexa, were with him on the briefs for appellant.

Michael A. Russell, assistant district attorney, argued the cause, and Nick A. Tomasic, district attorney, and Carla J. Stovall, attorney general, were with him on the brief for appellee.

James F. Vano, of Overland Park, and G. Gordon Atcheson, of Blake & Uhlig, P.A., of Kansas City, were on the brief for amicus curiae the Kansas Association of Criminal Defense Lawyers.

The opinion of the court was delivered by

LARSON, J.:

John E. Cheek appeals his jury convictions of first-degree murder and aggravated assault, alleging seven trial errors. John, an off-duty Kansas City, Kansas, police officer, claims he was justified in shooting security guard Milton Foster at a restaurant and bar in Bonner Springs, Kansas, while attempting to effectuate an arrest.

Because the result we reach is based on reversible error during jury...

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