21-3214.
History: L. 1969, ch. 180, § 21-3214; L. 2010, ch. 124, § 7; Repealed, L. 2011, ch. 30, § 288; July 1.
CASE ANNOTATIONS
1. Instruction framed substantially in language of statutes not error; evidence sufficient; conviction of second degree murder affirmed. State v. Beard, 220 Kan. 580, 582, 552 P.2d 900.
2. Referred to in holding court did not err in refusing to instruct on involuntary manslaughter in prosecution for murder, under facts. State v. Franklin, 221 Kan. 739, 744, 561 P.2d 860.
3. Section discussed; instruction hereunder taking question of fact from jury held improper. State v. Sullivan, 224 Kan. 110, 125, 578 P.2d 1108.
4. Cited in holding instruction on self-defense unavailable where excessive force used. State v. Marks, 226 Kan. 704, 712, 602 P.2d 1344.
5. Self-defense through force not barred hereby if jury believed defendants were not engaged in forcible felony despite state's evidence of aggravated robbery. State v. Antwine, 4 Kan. App. 2d 389, 399, 400, 607 P.2d 519.
6. Not error to refuse instruction in self-defense by person attempting to commit or committing forcible felony. State v. Purdy, 228 Kan. 264, 272, 615 P.2d 131.
7. Possession of firearm by felon not inherently dangerous and will not sustain conviction under felony murder rule. State v. Underwood, 228 Kan. 294, 305, 615 P.2d 153.
8. 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).
9. Where evidence clear that no self-defense or accidental killing occurred, no instruction on self-defense or defense of another necessary. State v. Martin, 234 Kan. 115, 119, 670 P.2d 1331 (1983).
10. Instructions that are merely rewordings of subsections (1), (2) and (3) examined; no grounds for reversal. State v. Hartfield, 245 Kan. 431, 445, 781 P.2d 1050 (1989).
11. Doctrine of self-defense not available where defendant willingly entered into mutual combat. State v. Meyers, 245 Kan. 471, 476, 781 P.2d 700 (1989).
12. Request for instruction hereunder properly denied. Defendant was aggressor, did not exhaust means to escape or extricate friend from danger. State v. Rutter, 252 Kan. 739, 740, 747, 748, 749, 750, 752, 850 P.2d 899 (1993).
13. Whether defendant's attempted escape after committing forcible felony precludes self-defense jury instruction examined. State v. Shortey, 256 Kan. 166, 173, 884 P.2d 426 (1994).
14. Whether court erred by giving jury initial aggressor instruction when self-defense in issue examined. State v. Hunt, 257 Kan. 388, 392, 894 P.2d 178 (1995).
15. Evidence of defendant's conduct before crime sufficient to support court's giving initial aggressor instruction. State v. Adam, 257 Kan. 693, 701, 896 P.2d 1022 (1995).
16. Claim of entitlement to self-defense instruction meritless where no effort to withdraw, escape or avoid killing. State v. Jackson, 262 Kan. 119, 123, 936 P.2d 761 (1997).
17. Defendant not entitled to instruction on self-defense. State v. Bell, 276 Kan. 785, 80 P.3d 367 (2003).
18. Cited; court discusses both subjective and objective tests for justifiable use of force. McCracken v. Kohl, 286 Kan. 1114, 1118, 191 P.3d 313 (2008).
19. Jury instruction on self-defense not warranted in attempted murder prosecution where evidence was insufficient to establish that defendant was justified in using force against victim. State v. Hamon, 46 Kan. App. 2d 356, 262 P.3d 1061 (2011).
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