State v. Sterling

The opinion of the court was delivered by

Prager, J.:

This is an appeal by the State on a question reserved following the conviction of the defendant, James Sterling, on two counts of criminal damage to property (K.S.A. 21-3720[l][c]). The sole issue presented in the case is whether criminal damage to property, as provided for in K.S.A. 21-3720(l)(a), is a specific intent crime to which voluntary intoxication is a defense so as to require an instruction on voluntary intoxication in an appropriate case.

The record does not contain evidence of the factual circumstances surrounding the commission…