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Keywords

statutetrialfelonyprosecutorbeyond a reasonable doubt

defendantstatutetrialwillbeyond a reasonable doubtappellant

Related Cases

State v. Duvaul, 223 Kan. 718, 576 P.2d 653

Facts

On July 6, 1974, Patricia Gindlesberger and others went to purchase cocaine, but after discovering she had no money, Gindlesberger accused Steven Lockwood of theft. Duvaul was contacted for help, and he, along with others, confronted Lockwood and his roommate, James Waltrip. During the confrontation, Waltrip was shot and killed, and Gindlesberger was also attacked. Duvaul assisted in covering up the crime, leading to his conviction for aggravated kidnapping and felony murder.

On the afternoon of July 6, 1974, Patricia Gindlesberger, Oma Ray King and Elizabeth (Beth) Kuschnereit went to a prearranged meeting at 1117 Dayton Street, Wichita, Kansas, in order to purchase cocaine from Steven Lockwood. Miss Gindlesberger and Mr. King planned to share the cost of the purchase equally; however, after receiving the cocaine Miss Gindlesberger discovered she had no money.

Issue

The main legal issues included the constitutionality of the venue statute, whether the trial court erred in refusing to grant a separate trial, and whether the evidence was sufficient to support the convictions.

The appellant first contends our venue statute, K.S.A. 22-2603, which presumes to make murder transitory, is unconstitutional.

Rule

The court upheld the constitutionality of K.S.A. 22-2603, which allows prosecution in any county where any act requisite to the commission of a crime occurs, and established that the trial court has discretion in granting separate trials.

K.S.A. 22-2603 provides: 'Where two or more acts are requisite to the commission of any crime and such acts occur in different counties the prosecution may be in any county in which any of such acts occur.'

Analysis

The court found that the venue for the kidnapping and murder was properly established in Sedgwick County, as the initial act of kidnapping occurred there. The court also determined that the evidence presented at trial was sufficient for a reasonable jury to find Duvaul guilty beyond a reasonable doubt, despite his claims of prosecutorial misconduct and the need for a separate trial.

The record reflects the appellant willingly participated in the crime with his codefendant Bell. He failed to extricate himself despite several opportunities, and within four days after the offense fabricated an alibi to the police. The evidence was sufficient for the jury to find guilt beyond a reasonable doubt.

Conclusion

The Supreme Court affirmed the trial court's judgment, concluding that there were no errors in the trial proceedings that warranted a reversal of the convictions.

The judgment of the lower court is affirmed.

Who won?

The State prevailed in the case, as the court found no merit in Duvaul's arguments regarding venue, evidence sufficiency, or trial conduct.

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