565 P.2d 267 (Kan. 1977), 48673, State v. McDonald
|Citation:||565 P.2d 267, 222 Kan. 494|
|Party Name:||STATE of Kansas, Appellee, v. Lewis McDONALD, Appellant.|
|Attorney:|| B.A. Lightfoot, of Jetmore, argued the cause, and was on the brief for the appellant. Jerry G. Larson, county attorney, argued the cause, and Curt T. Schneider, attorney general, was with him on the brief for the appellee.|
|Case Date:||June 11, 1977|
|Court:||Supreme Court of Kansas|
Syllabus by the Court
In an appeal from a conviction of battery against a law enforcement officer, the record is examined and it is held : (1) a part-time policeman, on duty and in full uniform, is a "law enforcement officer"; (2) that such officer was originally employed by the chief of police rather than the city manager is immaterial; (3) that the trial court did not err in refusing to admit into evidence a portion of a learned treatise where its reliability was not established; (4) that the trial court did not err in refusing to give the jury an instruction on involuntary intoxication; and (5) that the trial court abused its discretion in refusing to permit counsel to interview jurors after the conclusion of trial, under the circumstances disclosed by the record.
B. A. Lightfoot, Jetmore, argued the cause, and was on the brief for appellant.
Jerry G. Larson, County Atty., argued the cause, and Curt T. Schneider, Atty. Gen., was with him on the brief for appellee.
Lewis McDonald brings this appeal from the Pawnee District Court where he was convicted of battery against a law enforcement officer, Dennis Hunt, in violation of K.S.A. 21-3413. He was sentenced to six months in jail and a fine of $500.
McDonald contends that the evidence establishes as a matter of law and fact that Hunt was not a "law enforcement officer" and that the court erred (1) in refusing to receive a "learned treatise" in evidence; (2) in refusing to give the jury an instruction on involuntary intoxication; (3) in denying defendant's motion for a new trial on the grounds of prejudicial pretrial publicity; and (4) in refusing to permit counsel to make inquiry of the jurors with respect to prejudicial pretrial publicity.
Hunt, a part-time police officer for the city of Larned, was on duty, working a seven-hour shift, during the early morning hours of February 15, 1976. He was in full uniform. McDonald failed to stop his car at a stop sign. Hunt followed, stopped McDonald, and prepared to write a citation. McDonald got out of his car and threatened Hunt. Hunt sprayed McDonald in the face with Mace. McDonald promptly kicked Hunt in the stomach. It is this kick which forms the basis of the charge.
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