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STATE v. ANDREW

No. 104,666.

333 P.3d 140 (2014)

STATE of Kansas, Appellee, v. James R. ANDREW, Appellant.

Supreme Court of Kansas.

August 29, 2014.

Attorney(s) appearing for the Case

Meryl Carver-Allmond , of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Steven J. Obermeier , assistant district attorney, argued the cause, Drew A. Cummings , legal intern, Stephen M. Howe , district attorney, and Derek Schmidt , attorney general, were with him on the brief for appellee.

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

In State v. Alexander, 268 Kan. 610, 1 P.3d 875 (2000), this court held that a defense of dwelling jury instruction should not be given in a trial where the person defending a dwelling is the alleged victim rather than a defendant. We reexamine that holding in this appeal and conclude the defense of dwelling instruction should be given...

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