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STATE v. McCULLOUGH

No. 101,041.

270 P.3d 1142 (2012)

293 Kan. 970

STATE of Kansas, Appellee, v. Cherish McCULLOUGH, Appellant.

Supreme Court of Kansas.

March 2, 2012.

Attorney(s) appearing for the Case

Richard Ney , of Ney, Adams & Sylvester, of Wichita, argued the cause and was on the briefs for appellant.

Boyd K. Isherwood , assistant district attorney, argued the cause, and Nola Tedesco Foulston , district attorney, and Steve Six , attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by BILES, J.

Cherish M. McCullough and LaShonda Callaway got into a fistfight at a Wichita convenience store. After other store patrons broke up the fight, McCullough went to her car, returned with a knife, maneuvered around another person, and fatally stabbed Callaway in the abdomen. McCullough was convicted of premeditated first-degree murder. Our principal issue on appeal is whether the jury should have been instructed on...

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