State v. Dargatz

The opinion of the court was delivered by

Prager, J.:

This is a direct appeal in a criminal action in which the defendant, Donald L. Dargatz, was convicted of incitement to riot (K.S.A. 21-4105) and murder in the second degree (K.S.A. 21-3402). The facts in the case were virtually undisputed and are as follows: Around 6:00 or 7:00 p.m. on the evening of November 17,1978, defendant Dargatz, a white male in his mid thirties, was driving his white van in the vicinity of Jardine Junior High School in Wichita. Dargatz was accompanied by his wife, Carolyn, and his fourteen-year-old stepson, Danny…