State v. Lowe

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 123,723 STATE OF KANSAS, Appellee, v. MELISSA C. LOWE, Appellant. SYLLABUS BY THE COURT 1. To determine whether a lesser included offense instruction is factually appropriate, a court must consider whether there is some evidence, viewed in a light most favorable to the defendant, emanating from whatever source and proffered by whichever party, that would reasonably justify the defendant's conviction for that lesser included crime. 2. A district court commits instructional error by failing to sua sponte give a lesser included offense instruction…