State v. Scobee

The opinion of the court was delivered by

Holmes, J.:

Paul A. Scobee appeals his conviction by a jury of one count of involuntary manslaughter (K.S.A. 1986 Supp. 21-3404). The Kansas Court of Appeals, in an unpublished opinion filed June 18, 1987, reversed the conviction and remanded the case for a new trial. Although the panel of the Court of Appeals was unanimous in granting a reversal, it was divided as to the proper instructions to be given in the second trial. We granted the State’s petition for review.

The facts were stated by the Court of Appeals:

“On the evening of January 11, 1986,…