21-3213.
History: L. 1969, ch. 180, § 21-3213; L. 2010, ch. 124, § 6; Repealed, L. 2011, ch. 30, § 288; July 1.
CASE ANNOTATIONS
1. Substantial evidence to support jury finding of excessive use of force resulting in conviction of aggravated assault; mandatory imprisonment mandated by K.S.A. 21-4618. State v. Johnson, 6 Kan. App. 2d 750, 752, 753, 634 P.2d 1137 (1981).
2. Mentioned in discussing meaning of "reasonable"; not unconstitutionally vague as used in K.S.A. 21-3608(1)(b). State v. Fisher, 230 Kan. 192, 193, 631 P.2d 239 (1981).
3. Trial court has affirmative duty to instruct on all lesser included offenses established by the evidence, even if it is weak and inconclusive. State v. Ordway, 261 Kan. 776, 784, 934 P.2d 94 (1997).
4. Defense of justification not available to person attempting to commit, committing or escaping from commission of forcible felony. State v. Jacques, 270 Kan. 173, 14 P.3d 409 (2000).
5. Cited; court discusses both subjective and objective tests for justifiable use of force. McCracken v. Kohl, 286 Kan. 1114, 1118-1120, 191 P.3d 313 (2008).
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