STATE v. WADE

No. 102,433.

245 P.3d 1083 (2010)

STATE of Kansas, Appellee, v. Samuel WADE, Appellant.

Court of Appeals of Kansas.

December 30, 2010.


Attorney(s) appearing for the Case

David M. Magariel , of The Law Offices of David M. Magariel, of Olathe, for appellant.

Ramsey A. Olinger , legal intern, Steven J. Obermeier , assistant district attorney, Stephen M. Howe , district attorney, and Steve Six , attorney general, for appellee.

Before LEBEN, P.J., PIERRON and BUSER, JJ.


BUSER, J.

Samuel Wade appeals his conviction of misdemeanor battery. Wade contends the trial court erred by failing to provide the jury with an instruction on the affirmative defense of parental discipline.

As discussed more fully below, we find that parental discipline is a common law defense in Kansas. We also conclude there was sufficient evidence, viewed in the light most favorable to Wade, to justify a rational jury finding in accordance with Wade's theory...

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