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STATE v. HAYES

No. 83,645.

270 Kan. 535 (2001)

17 P.3d 317

STATE OF KANSAS, Appellee, v. QUINTON LAMAR HAYES, Appellant.

Supreme Court of Kansas.

Opinion filed January 26, 2001.

Attorney(s) appearing for the Case

Reid T. Nelson, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with him on the briefs for appellant.

Ann L. Smith, special assistant county attorney, argued the cause, and Robert C. Claus, county attorney, and Carla J. Stovall, attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

Defendant Quinton Hayes appeals his April 4, 1999, conviction for intentional second-degree murder. K.S.A. 21-3402. He contends that the district court erred in (1) failing to grant a mistrial upon learning of a juror's hearing difficulties, and (2) refusing to instruct the jury regarding (a) the lesser included offense of voluntary manslaughter and (b) voluntary intoxication.

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