State v. Keeley

The opinion of the court was delivered by

Lockett, J.:

This is an appeal by the State where the judge imposed a fine instead of imprisonment pursuant to K.S.A. 21-4618 after the defendant had been convicted of the offense of aggravated battery (K.S.A. 21-3414) involving the use of a firearm.

Allen Beach had been employed by John R. Keeley, the defendant, for two and one-half months to assist with general work on Keeley’s farm. On January 25, 1983, Beach had fed the livestock near Raymond and Sterling, Kansas, and then went to Keeley’s house in Sterling to work on a truck.

After Beach commenced to…