State v. Stewart

The opinion of the court was delivered by

Lockett, J.:

A direct appeal by the prosecution upon a question reserved (K.S.A. 1987 Supp. 22-3602[b][3]) asks whether the statutory justification for the use of deadly force in self-defense provided by K.S.A. 21-3211 excuses a homicide committed by a battered wife where there is no evidence of a deadly threat or imminent danger contemporaneous with the killing. An amicus curiae brief has been filed by the Kansas County and District Attorney Association.

Peggy Stewart fatally shot her husband, Mike Stewart, while he was sleeping. She was charged with…