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.
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.
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?
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.