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State v. Hunter

Supreme Court of Kansas

740 P.2d 559 (1987)

Relevant factsFree

Hunter (defendant) hitched a ride with Remeta, who brandished guns, threatened to kill hitchhikers, and later shot a police officer and took two hostages, apparently with Hunter's assistance; Remeta ultimately shot and killed both hostages. Hunter was charged with two counts of felony murder, and though there was conflicting testimony about whether Hunter was armed or merely ordered by Remeta to watch the hostages, and evidence he had a brief chance to escape but didn't think he could, the trial court refused to instruct the jury on compulsion, holding the statute barred that defense in felony-murder cases.

IssueFree

Whether the defense of compulsion is precluded only in cases where the defendant is charged with an intentional killing.

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