Legal Opinion · Dissent

State v. McGill

Court of Appeals of Kansas

Decided May 2, 2014No. 109,789Published

1DissentAtcheson, J.

The majority misconstrues and then misapplies the modified corpus delicti rule as it has developed in the common law of Kansas to affirm the convictions of Defendant Joseph T. McGill for sexually molesting his infant daughters. As abhorrent as the charged crimes may be, the rule correctly considered requires that the convictions be reversed and the complaint against McGill be dismissed because the only evidence against him comes from his own uncorroborated admissions. Rather than accept that outcome, the majority shades the rule in a manner at odds with its basic purpose and finds…

2Cases cited62 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. Opper v. United StatesSupreme Court of the United States · 1954
  3. Armour & Co. v. WantockSupreme Court of the United States · 1944
  4. Smith v. United StatesSupreme Court of the United States · 1954
  5. Illinois v. LidsterSupreme Court of the United States · 2004

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