State v. Gonzales

KENNEDY, Judge.

Defendant Benigno R. Gonzales was convicted upon jury trial of first-degree assault upon Kansas City Police Officer Larry Lewis. In accordance with the jury verdict he was sentenced to 15 years’ imprisonment. He appeals to this court. 1

We reverse and remand for a new trial.

The facts are as follows:

A little before 2 o’clock a.m. on June 1, 1981, Highway Patrolman Frank Coley was driving along Highway 1-35 in Clay County in his patrol car when bright lights reflected in his rearview mirror drew his attention to a car following him. He pulled off on the shoulder of the highway,…