State v. Andrew
Annotate this CaseAfter a jury trial, Defendant was convicted of aggravated assault. During trial, the judge gave the pattern instructions regarding defense of a dwelling and defense of self and also inserted a sentence in the defense of dwelling instruction that told the jury self-defense was not available to someone is being forced out of dwelling by an individual who is lawfully defending the dwelling. Defendant appealed, arguing that the jury instruction regarding defense of a dwelling incorrectly stated Kansas law as applicable to the facts of this case. The Court of Appeals affirmed. The Supreme Court affirmed, holding (1) the pattern instructions given regarding defense of a dwelling and defense of self were not in error; and (2) although the trial judge’s addition to the pattern instructions misstated the law, the error was harmless under the facts of this case.
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