Opinion
No. 108,830.
2013-12-20
STATE of Kansas, Appellant, v. Mical BARLOW, Appellee.
As required by Jones, we hold that the district court could not have considered statutory use-of-force immunity after Barlow's trial had begun and, therefore, erred in vacating the jury's verdict and dismissing the charge of attempted second-degree murder on that basis. The district court's order is reversed. The jury's verdict convicting Barlow of attempted second-degree murder is reinstated. And the case is remanded for further proceedings consistent with this decision.