We stated: "Respondent granted immunity to a witness, Roger Smith, brother of the defendant, and failed to advise the court or reduce the agreement to writing as required by the court." While officers were at the crime scene, a call was received from an Iola car wash that the bloodsplattered automobile of Iola resident Adeline Fisk was located there. As a subpoint under this issue, defendant contends it was error for the court not to instruct the jury that the K.S.A.

Ms. Houston was defendant's live-in girlfriend at the times pertinent herein. The trial court should have given the instruction with a limitation that the evidence was not to be considered on the two relatively minor charges where identity was not an issue. The trial court is held not to have erred in the giving of PIK Crim.2d 52.20 on eyewitness identification without expansion of the factors to be considered. Nathaniel J. On appeal, we held that since the shooting and attempted murder were separate in time and place, they were not multiplicitous. 21-3506 [Ensley 1981]), one count of theft (K.S.A. The original appeal was dismissed as having been filed out of time.

In support of his claims herein, defendant states this court has already found such withholding occurred in the disciplinary proceeding previously cited. Such a legal challenge to the performance of a penal agency is ''extremely unusual,'' acknowledges the families' attorney, Dennis Clyde. The infliction of bodily harm upon the victim is an element of aggravated kidnapping. Please re-enter recipient e-mail address(es). It is not clear whether Document # 287 contained a transcript of the meeting.

contains alphabet). Defendant contends this was exculpatory evidence which should have been turned over to his counsel as it might have raised competency to stand trial or insanity defense questions. If the facts alleged in an information do not constitute an offense within the terms and meaning of the statute upon which it is based, the information is fatally defective. Ms. Fisk's employer testified that she arrived at his house on a punctual basis in the early morning hours seven days a week to cook and do other chores for him. Please enter recipient e-mail address(es). Tony 'Yorkie' Smith was Yorkshire-born, Yorkshire-bred; a big, strapping lad who wasn't afraid of physical confrontation. If the beating and shooting of Ms. Fisk had been separated by time and/or place then both an aggravated battery and a murder could have occurred. They were each beaten and sodomized.

Defense counsel's inventory of documents provided to defendant by plaintiff was 40 pages long and contained some 496 different items. 21-3421), two counts of attempted aggravated robbery (K.S.A. 1. Defendant next contends that transcripts of meetings between Brenda Houston and KBI Agent David Christy were withheld from the defense until the middle of trial.

We conclude that the evidence, viewed in the light most favorable to the prosecution, was sufficient for a rational fact-finder to find the defendant guilty beyond a reasonable doubt.

The sentence is vacated and the case is remanded for resentencing. 21-3401), three counts of aggravated battery (K.S.A.

You may have already requested this item. 14. Search for Library Items Search for Lists Search for Contacts Search for a Library. CRIMINAL LAW — Circumstantial Evidence — Conviction Based on Circumstantial Evidence. Although circumstantial, there was ample evidence to convict the defendant of the aggravated kidnapping of Adeline Fisk. Officers photographed the vehicle and it was towed to a secure place. Count seven of the indictment against the defendant stated: Defendant argues the count merely alleges that defendant intended to inflict bodily harm and does not allege that he did inflict bodily harm, thus making the charge fatally flawed. 5. You can easily create a free account. Even before the families sued, public outrage mounted at the idea that a convicted killer with a long record had been freed to kill again.
In Kansas all crimes are statutory and the elements necessary to constitute a crime must be gathered wholly from the statute. No case has been cited where a single act constituting aggravated battery has been held to constitute both aggravated battery and a homicide. Please choose whether or not you want other users to be able to see on your profile that this library is a favorite of yours. ¶ 1, 741 P.2d 738 (1987) (following State v. Garnes, 229 Kan. 368, 372, 624 P.2d 448).

For Iola, a farming community of 7,000 residents, fear was born the morning of Aug. 20. In re Price, 238 Kan. at 426-27. Benjamin C. Wood, former chief appellate defender, argued the cause and was on the brief for appellant. 21-3414), four counts of aggravated kidnapping (K.S.A. Before closing, it should be noted that, as we stated in the In re Price ( 238 Kan. 426) disciplinary proceeding, the county attorney did an unprofessional job in prosecuting this case.

Defendant's convictions of first-degree murder (Mangus), first-degree murder (Fisk), first-degree murder (Walsh), aggravated kidnapping (Short), aggravated kidnapping (Fisk), aggravated kidnapping (Walsh), aggravated battery (Short), aggravated battery (Mangus), aggravated sodomy (Mangus), aggravated sodomy (Short), attempted aggravated robbery (Mangus), attempted aggravated robbery (Short), theft, and unlawful possession of a firearm are affirmed.
An instruction is clearly erroneous when a reviewing court reaches a firm conviction that, if the trial error had not occurred, there is a real possibility that the jury would have returned a different verdict.

The victim's body was found in a field. WorldCat is the world's largest library catalog, helping you find library materials online. We do not agree. All rights reserved. State v. Nunn, 244 Kan. 207, Syl. Short advised that he and his companion, 17-year-old Steven Mangus, had been abducted at gunpoint from a nearby park the preceding night by a black male.

34, the eyewitness identification instruction, was given to the jury without objection. She was not inclined to be cooperative. To be doubly sure there was no discrepancy, the court had both counsel make a joint telephone call to Roger Smith's attorney, who confirmed that the State attorney's version of the agreement between counsel was correct.

In Dodd, the Court of Appeals held, at Syl. ¶¶ 1-5, 721 P.2d 232 (1986), we discussed the rules concerning an indictment or information as follows: The infliction of bodily harm upon the victim is an element of aggravated kidnapping. Short had passed out and did not know what had become of Mangus. He was tried and convicted of 16 felony counts the next summer, and was sentenced to several hundred years, says his attorney, Robert Manske. ... As to the comment about Yorkie Smith, I would think that the witnesses would have identified the unsub as a black male. Underwear and boots identified as belonging to Walsh were found a few feet from Fisk's body.

Find a Grave, database and images (https://www.findagrave.com: accessed ), memorial page for Nathaniel “Yorkie” Smith Jr. (unknown–23 Dec 1993), Find a Grave Memorial no. That victim had also been beaten and shot with a .22 caliber gun. 21-4204[b]) has as a necessary element the requirement of a prior felony conviction. In December 1982, Nathaniel J. That evening the tow truck driver and two friends went to the general area where the Mangus body had been found looking for clues. Hence, where a victim of an aggravated battery dies after that charge is filed, the prosecution amends or refiles the charge as a homicide. One of her dislodged teeth was nearby. Iola's Darkest Days: The Murders of Betty Cantrell and Sally Hutton by Susan Gonzalez. 21-4204). CRIMINAL LAW — Statutory Law — Elements Necessary to Constitute a Crime Must Come from the Relevant Statute. There is no showing that any request for additional time to explore this evidence was denied. 9.

The State concedes that, under State v. Dodd, 11 Kan. App. 2. The Fisk killing was linked to the Mangus killing by the same gun being used in both. After trial, during an official investigation of the circumstances surrounding defendant's release from the Kansas penitentiary shortly before the crimes herein, it came to light that in his processing into the penal system defendant had been the subject of a psychiatric report. There is no showing of any reasonable probability that any delay in turning over the transcript of altered the outcome of the trial. In State v. Carmichael, 240 Kan. 149, 152, 727 P.2d 918 (1986), we discussed the prosecutorial duty to disclose exculpatory evidence as follows: In Brady v. Maryland, 373 U.S. 83, 87, 10 L.Ed.2d 215, 83 S.Ct. There should be some evidence of the underlying facts showing the manner in which the other offense was committed so as to raise a reasonable inference that the same person committed both offenses. Three boys attending the Allen County Fair found Gerald … 154805081, citing Highland Cemetery, Iola, Allen County, Kansas, USA ; Maintained by debilyn (contributor 47160033) . Although the report is not before us and is not described, presumably this is the report of the examination done on all persons under sentence of commitment for felonies who are in custody at the Reception and Diagnostic Center pursuant to K.S.A. Some features of WorldCat will not be available. The families of three of Mr. Smith's victims sued the Kansas Department of Corrections and the Kansas Adult Authority, which is the state's parole board.

As there was no contemporaneous objection at trial, an appellate court may reverse only if the instruction is clearly erroneous. Where a victim dies from an aggravated battery, a homicide has occurred and the battery merges into the homicide. 229 Kan. at 373-74. Though the 1969 murders seemed an aberration, with a few years, in 1982, Nathaniel J.

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