STATE v. GRAHAM

No. 87,217

275 Kan. 831 (2003)

69 P.3d 563

STATE OF KANSAS, Appellee, v. JAMES L. GRAHAM, Appellant.

Supreme Court of Kansas

Opinion filed May 30, 2003.


Attorney(s) appearing for the Case

Rick Kittel, assistant appellate defender, argued the cause, and Steven R. Zinn, deputy appellate defender, was with him on the brief for appellant.

James L. Spies, assistant district attorney, argued the cause, and Arthur Rhodes, assistant district attorney, Nick A. Tomasic, district attorney, and Carla J. Stovall, attorney general, were on the brief for appellee.


The opinion of the court was delivered by

DAVIS, J.:

James L. Graham's conviction of attempted second-degree murder was affirmed by the Court of Appeals in State v. Graham, No. 87,217, unpublished opinion filed November 1, 2002. We granted his petition for review based primarily upon his claim that the jury instruction on voluntary manslaughter was clearly erroneous requiring a new trial. A divided Court of...

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