State v. Leonard

The opinion of the court was delivered by

Six, J.:

This case addresses: (1) the application of the felony-murder doctrine and (2) the requirement of statewide interest for questions reserved on appeal by the State.

The State charged Carl Eugene Leonard with one count of first-degree felony murder (K.S.A. 1989 Supp. 21-3401) and multiple counts of aggravated assault (K.S.A. 21-3410).

The trial court dismissed the felony-murder count on the grounds that felony murder cannot be supported by the underlying felony of aggravated assault. The State then amended the information to charge second-degree…