State v. Davis

Abbott, J.:

This is a direct appeal by defendant, Marvin Bernard Davis, from a jury conviction of aggravated battery (K.S.A. 21-3414). The defendant was also convicted of attempted misdemeanor theft (K.S.A. 1978 Supp. 21-3701 and K.S.A. 21-3301), but does not challenge that conviction. The sole issue on appeal is the sufficiency of the State’s evidence to withstand a motion for acquittal on defendant’s aggravated battery conviction based on his aiding and abetting a third person who shot a security guard.

Bertram O. Heath, Jr., was with the defendant, Davis, at the time a security guard was…