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State v. Brice

Citations

  • 80 P.3d 1113
  • 276 Kan. 758
  • 2003 Kan. LEXIS 698

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding it was error to instruct the jury that the term “great bodily harm” means a “through and through bullet wound”
  • disapproving of its prior statement that a through and through bullet wound constitutes great bodily harm as a matter of law
  • disapproving statement that through and through bullet wound is great bodily harm as a matter of law
  • finding an instruction, stating that \the term Great Bodily Harm means a 'through and through bullet wound'\ which essentially told the jury that the State had established an essential element of aggravated battery, invaded the province of the jury
  • finding an instruction invaded the province of the jury by stating \'the term Great Bodily Harm means a \through and through bullet wound\'\ because it told the jury that the State had established an essential element of aggravated battery
  • no obligation to instruct on lesser included offenses arises unless offense supported by enough evidence to reach jury

Source: CourtListener parenthetical corpus (CC0).

Judges: Allegrucci, Gernon, Beier, Brazil, Bennington

Read full opinion on CourtListener

Cited by

29 cases in this archive cite this case; the 20 most cited are listed.

Cites

29 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.