State v. Arnold

The opinion of the court was delivered by

Schroeder, C.J.:

This is a review of the judgment of the Court of Appeals entered in State v. Arnold, 1 Kan. App. 2d 642, 573 P.2d 1087.

The sole issue raised in this appeal is whether the trial court erred in refusing to instruct on the offense of battery as a lesser included offense of attempted rape. •

The facts are fully stated in the Court of Appeals opinion written by Chief Judge Harman. The Court of Appeals held: (1) there was sufficient evidence on intent to rape; (2) defendant’s trousers were properly admitted in evidence; (3) an instruction on…