State v. McCown

The opinion of the court was delivered by

Davis, J:

Ronald McCown appeals from his second-degree intentional murder conviction. He contends that even though the 1993 legislative amendment to second-degree murder, K.S.A. 21-3402(a) (Ensley 1988), deleted the term “malicious” from the definition of that crime, malice still remains an element of second-degree intentional murder. Thus, he claims that the trial court erred by not instructing on the element of malice and that his second-degree intentional murder conviction must be set aside. We affirm.

A full recitation of the facts in this case is…