STATE v. HENDRIX

No. 97,323.

218 P.3d 40 (2009)

STATE of Kansas, Appellee, v. Rodney Maurice HENDRIX, Appellant.

Supreme Court of Kansas.

October 23, 2009.


Attorney(s) appearing for the Case

Matthew J. Edge, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Steven J. Obermeier, assistant district attorney, argued the cause, and Elizabeth J. Dorsey, legal intern, Phill Kline, district attorney, and Steve Six, attorney general, were with him on the brief for appellee.


The opinion of the court was delivered by NUSS, J.:

The issue presented is whether a defendant must use actual force to justify a jury instruction on self-defense. We answer this question "yes." Accordingly, the judgment of the Court of Appeals is affirmed.

FACTS

The facts necessary to our determination are straightforward. While visiting their mother in her hospital room, Rodney Maurice Hendrix and his sister, Charlotte Brown, had a heated...

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