State v. Hunter case brief summary
740 P.2d 559 (1987)
Defendant appealed the ruling of the
Thomas District Court (Kansas), which entered judgment on a jury
verdict that found defendant guilty of two counts of felony murder,
two counts of aggravated kidnapping, one count of aggravated robbery,
one count of aggravated battery on a law enforcement officer, and one
count of aggravated battery.
ARGUMENT Defendant contended, inter alia, that
the trial judge committed reversible error by refusing his requested
instruction on his defense of compulsion and that the trial court
erred in denying his motion for a change of venue.
overturned defendant's conviction, finding that:
(1) defendant failed
to demonstrate that his defense was prejudiced because important
evidence was excluded at his joint trial with co-defendants;
defendant failed to prove that there was such prejudice in the county
that he reasonably could not have received a fair trial;
trial court did not err in refusing defendant's proposed jury
instruction on aiding and abetting, where the court's instruction
clearly informed the jury that proof of mere association was
insufficient to convict defendant;
(4) defendant was not precluded
from asserting a compulsion defense denying commission of a crime
where the compulsion issue was raised by the evidence; and
trial court committed reversible error in refusing to instruct the
jury on defendant's theory of compulsion, as defendant was entitled
to the instruction even though the evidence was slight and supported
only by defendant's testimony.
CONCLUSION The court reversed defendant's
conviction and remanded the cause for a new trial.
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