STATE v. PEREZ-RIVERA

No. 99,380.

203 P.3d 735 (2009)

STATE of Kansas, Appellee, v. Emiliano PEREZ-RIVERA, Appellant.

Court of Appeals of Kansas.

March 27, 2009.


Attorney(s) appearing for the Case

Rick Kittel, of Kansas Appellate Defender Office, for appellant.

Carey L. Fleske, assistant county attorney, Douglas A. Matthews, county attorney, and Stephen N. Six, attorney general, for appellee.

Before RULON, C.J., ELLIOTT and HILL, JJ.


RULON, C.J.

Defendant Emiliano Perez-Rivera was convicted of felony domestic battery. On appeal the defendant contends there was insufficient evidence to support his conviction and the district court erred when giving an Allen-type instruction to the jury which included the statement "another trial would be a burden on both sides." See Allen v. United States, 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528 (1896). We reverse...

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