State v. Hardwick

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 126,317 STATE OF KANSAS, Appellee, v. KYLE VINCENT HARDWICK, Appellant. SYLLABUS BY THE COURT 1. A lesser included instruction is factually appropriate when there is some evidence upon which a reasonable jury could convict the defendant of the lesser crime, even if that evidence is not strong or conclusive. 2. Evidence supporting a lesser included instruction may come from any source, including the defendant's own testimony. 3. Evidence sufficient to warrant a perfect self-defense instruction, which requires subjective and objective…