State v. Fike

The opinion of the court was delivered by

Holmes, J.:

James G. Fike appeals his conviction by a jury of one count of indecent liberties with a child, K.S.A. 1987 Supp. 21-3503(l)(b), a class C felony. His conviction was affirmed by the Court of Appeals in an unpublished opinion dated October 22, 1987. We granted appellant’s petition for review which alleged a conflict between recent opinions of this court and the Court of Appeals on the question of lesser included offenses.

In his appeal to the Court of Appeals, appellant asserted it was error for the trial court not to instruct the jury on the…