State v. PEREZ-RIVERA

Rulon, C.J.:

Defendant Emiliano Perez-Rivera was convicted of felony domestic battery. On appeal the defendant contends there was insufficient evidence to support his conviction and the district court erred when giving an Allen-type instruction to the jury which included the statement “another trial would be a burden on both sides.” See Allen v. United States, 164 U.S. 492, 41 L. Ed. 528, 17 S. Ct. 154 (1896). We reverse.

The defendant was charged with aggravated assault in violation of K.S.A. 21-3410(a), felony domestic battery in violation of K.S.A. 21-3412a(b)(3), and criminal damage to…