one count as to victim Shaina Woodside), and one count of felony
murder, K.S.A. 21-3401 (as to victim Shaina Woodside). On direct
appeal, State v. Lucas, 243 Kan. 462
, 759 P.2d 90 (1988),
aff'd 244 Kan. 193
, 767 P.2d 1308 (1989), we reversed the
convictions of the two offenses relating to Shaina Woodside,
"The purpose of the felony-murder doctrine is to
deter those engaged in felonies from killing
negligently or accidentally, and the doctrine should
not be extended beyond its rational function which it
was designed to serve." Syl. ¶ 1.
"In order to apply the felony-murder doctrine: (1)
the underlying felony must be one which is inherently
dangerous to human life; and (2) the elements of the
underlying felony must be so distinct from the
homicide so as not to be an ingredient of the
homicide." Syl. ¶ 2.
"A single assaultive incident of abuse of a child
(K.S.A. 1987 Supp. 21-3609) which results in the
death of a child merges with [the] killing and
constitutes only one offense. The coupling together
of prior acts of abuse of a child with the lethal act
of abuse into one collective charge of abuse of a
child does not prevent the operation of the merger
rule. Language to the contrary found in State v.
Brown, 236 Kan. 800, 696 P.2d 954 (1985), is
disapproved." Syl. ¶ 5.
The case was remanded for further proceedings. On remand, Lucas
was charged in an amended petition with second-degree murder,
K.S.A. 21-3402, and child abuse, K.S.A. 21-3609, relative to the
death of Shaina Woodside. His motion to dismiss the second-degree
murder charge on the grounds of double jeopardy and res judicata
was denied. Lucas subsequently entered a plea of nolo contendere
to the child abuse charge. Trial of the second-degree murder
charge was scheduled for the fall of 1989. The habeas corpus
proceeding herein was filed on September 21, 1989, and we granted
a stay of proceedings in the district court. The matter is before
us for decision.