Kansas v. McElroy

The opinion of the court was delivered by

Davis, J:

Wilbur McElroy appeals his registration of offender violation conviction under K.S.A. 2002 Supp. 22-4903 and K.S.A. 2002 Supp. 22-4904, contending he was tried in an improper venue and the complaint and jury instruction omitted an essential element of the offense. We transferred this case on our own motion pursuant to K.S.A. 20-3018(c). We agree and reverse the conviction.

Defendant, Wilbur McElroy, was convicted of attempted rape in 1999. Upon his release on parole in February 2003, the defendant established a temporary residence at a halfway…