State v. Cosby

169 P.3d 1128 (2007)

STATE of Kansas, Appellee,

v.

Lafayette D.E. COSBY, Appellant.

No. 94,609.

Supreme Court of Kansas.

November 9, 2007.

Korey A. Kaul, of Kansas Appellate Defender Office, argued the cause and was on the briefs for appellant.

Ann L. Smith, of Lenexa, argued the cause, and Charles Branson, county attorney, and Phill Kline, attorney general, were with her on the brief for appellee.

BEIER, J.:

In the early morning hours of April 4, 2004, seven individuals witnessed defendant Lafayette Cosby fatally shoot Robert Martin. The contested issue at trial was whether defendant shot Martin while…