State v. Farris

218 Kan. 136, 542 P.2d 725 (1975)

 

RULE:

No particular intent or other state of mind is a necessary element of the crime proscribed by Kan. Stat. Ann. § 21-3411, when the assault consists of an assault with a deadly weapon.

FACTS:

Defendant sought review of a judgment of the trial court that convicted him of one count of aggravated assault on a law enforcement officer, in violation of Kan. Stat. Ann. § 21-3411, and two counts of unlawful possession of firearms, in violation of Kan. Stat. Ann. § 21-4204(1)(b). The appellate court affirmed the trial court's judgment.

ISSUE:

Was the state required to prove that defendant was capable of a state of mind which would permit him to recognize a police officer in uniform so it could be said he knowingly assaulted a police officer?

ANSWER:

No.

CONCLUSION:

Defendant was charged with unlawfully assaulting a law enforcement officer, when such officer was in uniform and engaged in the performance of his duty. Thus, no instruction on voluntary intoxication under Kan. Stat. Ann. § 21-3208 (2) was required.

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