State v. Kirtdoll

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from a conviction of felonious assault as defined by K. S. A. 21-435.

There is no serious dispute as to the facts. Wayne Brandon was on convalescent leave from the United States Army. He was on crutches as his right leg was in a cast from the ankle to the knee. He and one of his sisters were visiting at a residence in Topeka, Kansas with several other people. The defendant came to the residence and asked one of the group about some money owed by him to defendant. This request was met with “signifying and playing and joking…