State v. Shirley

The opinion of the court was delivered by

Gernon, J.:

Michael Shirley appeals his conviction of one count of conspiracy to manufacture methamphetamine. He raises two issues on appeal: (1) Was the complaint jurisdictionally defective, and (2) did the trial court erroneously instruct the jury on an uncharged version of the crime?

Shirley and Lonnie Smith drove Christina Johnson to her mother’s home in Hartford, Kansas, after Johnson was released from jail in Emporia. Before leaving Emporia, the trio stopped at Wal-Mart and purchased some plastic jugs and lithium batteries. They also stopped at a…