STATE v. DEAL

Nos. 98,292, 98,952.

206 P.3d 529 (2009)

STATE of Kansas, Appellee, v. Dana Wayne DEAL, Appellant.

Court of Appeals of Kansas.

May 1, 2009.


Attorney(s) appearing for the Case

Lydia Krebs, of Kansas Appellate Defender Office, for appellant.

James R. Spring, deputy county attorney, Christopher E. Smith, county attorney, and Stephen N. Six, attorney general, for appellee.

Before GREENE, P.J., GREEN and LEBEN, JJ.


GREEN, J.

Dana Wayne Deal appeals from his jury trial conviction and sentence for one count of second-degree murder in violation of K.S.A. 21-3402(b). Deal first argues that there was insufficient evidence to convict him of unintentional second-degree murder. During the oral arguments made by the parties before this court, the sufficiency of the evidence issue raised an ancillary question: If this court finds that the State failed to present sufficient evidence to...

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