State v. Gustin

The opinion of the court was delivered by

Owsley, J.:

This is a criminal appeal by the state asking this court to reverse a judgment of acquittal, reinstate the jury verdict of guilty, and order the trial court to consider defendant’s motion for new trial. The issue involves an interpretation of K. S. A. 1972 Supp. 22-3419. The state also claims the trial court erred in giving Instruction No. 1, generally referred to as the “do what you think is fair” instruction. Both issues are of general importance to the administration of criminal justice in this state. We will treat the two points as…