State v. Hupp

The opinion of the court was delivered by

ABBOTT, J.:

This is a direct appeal by defendant Mark Hupp from his conviction by a jury of first-degree murder based upon a killing committed in the perpetration of the abuse of a child, K.S.A. 1989 Supp. 21-3401(c).

Hupp contends that the trial court erred in failing to instruct the jury on lesser included offenses and that K.S.A. 21-3609 is unconstitutionally vague in that it does not reasonably convey a sufficient warning as to the conduct which is proscribed.

Michael Cloud was three and one-half months old when he died of a severe blow to his head.…