State v. Daniels

The opinion of the court was delivered by

Holmes, J.:

This is a direct appeal by the defendant-appellant from a conviction of aggravated battery (K.S.A. 21-3414).

Defendant was charged with attempted murder (K.S.A. 21-3301 and K.S.A. 21-3401) against Jimmie Rogers and simple battery (K.S.A. 21-3412) against Ms. Sharon Goodhart. The trial court, over defendant’s strenuous objection, gave instructions that aggravated battery, aggravated assault and criminal injury to persons were lesser included offenses of attempted murder. Defendant was found not guilty of attempted murder and guilty of…