State v. Stuart

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 125,006 STATE OF KANSAS, Appellee, v. TIRRELL L. STUART, Appellant. SYLLABUS BY THE COURT 1. Felony murder is the killing of a human being committed in the commission of, attempt to commit, or flight from an inherently dangerous felony. The State must establish all elements of the underlying felony to successfully prove felony murder. 2. Simply acquiring a controlled substance in a drug buy is not enough to prove the recipient's guilt for distribution of that controlled substance. Appeal from Wyandotte District Court; WESLEY K. GRIFFIN, judge.…