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STATE v. McCOWN

No. 79,214.

264 Kan. 655 (1998)

957 P.2d 401

STATE OF KANSAS, Appellee, v. RONALD McCOWN, Appellant.

Supreme Court of Kansas.

Opinion filed April 17, 1998.

Attorney(s) appearing for the Case

Melissa A. Kelly, of Heathman & Kelly, of Topeka, argued the cause, and James C. Heathman, of the same firm, was with her on the briefs for appellant.

Ann L. Smith, county attorney, argued the cause, and Carla J. Stovall, attorney general, was with her on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

Ronald McCown appeals from his second-degree intentional murder conviction. He contends that even though the 1993 legislative amendment to second-degree murder, K.S.A. 21-3402(a) (Ensley 1988), deleted the term "malicious" from the definition of that crime, malice still remains an element of second-degree intentional murder. Thus, he claims that the trial court erred by not instructing on the element of...

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