State v. Payton

The opinion of the court was delivered by

Schroeder, C.J.:

This is an appeal in a criminal action from a jury verdict finding David Russell Payton (defendant-appellant) guilty of felony murder (K.S.A. 21-3401) and attempted aggravated robbery (K.S.A. 21-3301 and 21-3427).

The appellant raises nine issues on appeal. The appellant contends the trial court erred in (1) finding the appellant used a firearm and applying the provisions of K.S.A. 1979 Supp. 21- 4618; (2) admitting into evidence a confession by the appellant; (3) instructing the jury on aiding and abetting; (4) submitting an improperly…