STATE v. DEFFEBAUGH

No. 89,355

31 Kan.App. 2d 1030 (2003)

77 P.3d 1277

STATE OF KANSAS, Appellee, v. CHARLES R. DEFFEBAUGH, JR., Appellant.

Court of Appeals of Kansas

Opinion filed October 10, 2003.


Attorney(s) appearing for the Case

Rick Kittel, assistant appellate defender, for appellant.

Linda E. DeWitt, of Law Offices of Larry Markle, of Coffeyville, F. William Cullins, county attorney, and Phill Kline, attorney general, for appellee.

Before MALONE, P.J., PIERRON and GREEN, JJ.


MALONE, J.:

Charles R. Deffebaugh, Jr., appeals his jury trial conviction for selling cocaine. The primary issue is whether the trial court erred by refusing to permit a defense witness to testify that Deffebaugh was not present during the drug transaction. The specific question before the court is: "Does the definition of alibi witness include one who would only testify the defendant was not at the scene of the crime?" We answer no and reverse.

On September...

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