558 P.2d 90 (Kan. 1976), 48220, State v. Griffin

Docket Nº:48220.
Citation:558 P.2d 90, 221 Kan. 83
Party Name:STATE of Kansas, Appellee, v. Janice GRIFFIN, a/k/a Janice Thompson, Appellant.
Attorney:[6] Barry K. Gunderson, of Mangan, Dalton, Trenkle and Gunderson, of Dodge City, argued the cause and was on the brief for appellant. Terry J. Malone, Ford County Attorney, argued the cause, and L.W. Behnke, Legal Intern, Ford County Attorney's Office, and Curt T. Schneider, Attorney General, wer...
Case Date:December 11, 1976
Court:Supreme Court of Kansas
 
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Page 90

558 P.2d 90 (Kan. 1976)

221 Kan. 83

STATE of Kansas, Appellee,

v.

Janice GRIFFIN, a/k/a Janice Thompson, Appellant.

No. 48220.

Supreme Court of Kansas

December 11, 1976

Syllabus by the Court

The record in an appeal from a conviction for the unlawful sale of marijuana is examined, and as more fully set forth in the opinion, it is held the district court did not commit reversible error in its instructions to the jury in (1) refusing to define the term 'sale' (2) refusing to instruct on delivery of marijuana as a lesser included offense, and (3) failing to include the word 'intentionally' in its instruction on aiding and abetting.

Page 91

Barry K. Gunderson, of Mangan, Dalton, Trenkle & Gunderson, Dodge City, argued the cause and was on the brief for appellant.

Terry J. Malone, Ford County Atty., Dodge City, argued the cause, and L. W. Behnke, Legal Intern, Ford County Attorney's Office, and Curt T. Schneider, Atty. Gen., were with him on the brief of appellee.

FATZER, Chief Justice

This is an appeal by defendant Janice Griffin a/k/a Janice Thompson from a conviction by jury trial of the crime of selling marijuana in violation of K.S.A. 65-4127b(b)(3).

The offense occurred on November 27, 1974, in Dodge City, Kansas. On that date, according to evidence presented by the state, the defendant and her companion Mike Tabor sold marijuana to K.B.I. Narcotics Division special agent Dale Finger. Following this transaction, both were charged with selling marijuana. Tabor pled guilty and was awaiting sentencing at the time of the defendant's trial.

At trial, the state's sole witness was special agent Finger. His account of the sale differed from the testimony of Tabor and the defendant, who testified in her own behalf. The jury apparently believed Finger.

According to Fingers testimony, the defendant was very much involved with the sale. Finger testified that she had the marijuana in her possession for part of the evening and handed it to him when he offered the money; that both she and Tabor used the pronoun 'we' in the conversation relating to the marijuana; and that she apologized for the small quantity of marijuana in the [221 Kan. 84] bags, telling Finger, 'We will make it up to you. We have a new shipment coming in.'

The testimony of the defendant and Tabor was to the effect that she had no involvement with the sale. According to their testimony, Tabor set the price, kept the money and passed it on to the owner of the marijuana. The defendant did not discuss a sale or sale price, did not handle the money and did not have the marijuana in her possession. No shipment was coming in, and none was discussed.

After the state...

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