State v. Stone

The opinion of the court was delivered by

McFarland, J.:

Richard Stone appeals his jury trial convictions of second-degree murder (K.S.A. 21-3402) and misdemeanor theft (K.S.A. 21-3701). No issues relative to the theft conviction are asserted.

INSTRUCTION ON INTENT

For his first issue on appeal, the defendant contends that the intent instruction given by the court (PIK Crim. 2d 54.01 [1992 Supp.]) violated his constitutional right to due process. The instruction provides:

“Ordinarily a person intends all of the usual consequences of his voluntary acts. This inference may be considered by you along…