State v. Wilson

The opinion of the court was delivered by

Holmes, J.:

This is a direct appeal by the defendant-appellant from a jury conviction of one count of aggravated battery (K.S.A. 21-3414) and one count of criminal injury to persons (formerly K.S.A. 21-3431). Defendant was originally charged with two counts of aggravated battery and the court had instructed the jury on criminal injury to persons as being a lesser included offense.

The factual situation as described by the witnesses for the state and those for defendant is greatly disputed. At approximately 11:30 p.m. on May 3, 1976, the defendant and a…