State v. Kelly

Brazil, C.J.:

Danny Lee Kelly appeals his conviction of aggravated escape from custody. He argues that the trial court erred in concluding that the compulsion defense was not available and refusing to instruct on it. We affirm.

Kelly testified that while he was incarcerated in a minimum security prison in Hutchinson, he became concerned for his son. He testified that his wife, Ginger, used cocaine and sold food stamps to buy drugs. On one occasion when Ginger brought their son to visit, Kelly noticed that the boy had bum marks on his neck. Ginger told Kelly that the boy fell on a furnace vent.

Ke…