State v. Washington

The opinion of the court was delivered by

Luckert, J.:

Montrez D. Washington was charged with first-degree felony murder under K.S.A. 21-3401(b) and attempted aggravated robbery under K.S.A. 21-3301 and K.S.A. 21-3427. After a juiy convicted Washington on both counts, he directly appeals. He contends that (1) insufficient evidence was presented at his prehminary hearing and (2) the Allen-type jury instruction given at his trial was clearly erroneous. We reject his arguments and affirm, *733finding that the evidence was sufficient and the instruction, even if erroneous, did not affect the jury’s…