State v. Werkowski

The opinion of the court was delivered by

Miller, J.:

The defendant, Robert B. Werkowski, was convicted of aggravated assault in violation of K. S. A. 21-3410, and was sentenced to imprisonment for not less than one year nor more than ten years. He appeals, alleging various trial errors. For reasons hereafter set out, we reverse.

The record discloses a run-of-the-mill tavern brawl. Werkowski and a friend, David Bolduc, were patrons of the King’s Knight Tavern in Derby, Kansas, on May 4, 1974. They were playing pool. ' Kerry Tabler and his friends, Kendall Wooten, Davey Butler, and Doug Baber,…