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State v. Stout

April 6, 2007

STATE OF KANSAS, APPELLEE,
v.
SHANE LEE STOUT, APPELLANT.



Appeal from Cowley District Court; JAMES T. PRINGLE, JR., judge.

SYLLABUS BY THE COURT

1. A person is criminally responsible for a crime committed by another if such person intentionally aids, abets, advises, hires, counsels, or procures the other to commit the crime.

2. A person liable under Syl. ¶ 1 for a crime committed by another is also liable for any other crime committed in pursuance of the intended crime if reasonably foreseeable by such person as a probable consequence of committing or attempting to commit the crime intended.

3. It is reasonably foreseeable that breaking into a person's home for the purpose of battering a person may result in a felonious act.

4. Under the facts of this case, it was reasonably foreseeable that breaking into a person's home for the purpose of beating a person could well lead to an aggravated battery or another serious felony.

5. State v. Sophophone, 270 Kan. 703, 19 P.3d 70 (2001), and State v. Murphy, 270 Kan. 804, 19 P.3d 80 (2001), are analyzed and distinguished.

6. Where a victim is attacked and in trying to reasonably defend himself or herself inflicts on himself or herself a fatal wound, the felony-murder doctrine may be applied.

The opinion of the court was delivered by: Pierron, J.

Affirmed.

Before MARQUARDT, P.J., PIERRON, J., and KNUDSON, S.J.

Shane Lee Stout appeals his conviction by a jury of involuntary manslaughter and aggravated burglary. He challenges the sufficiency of the evidence supporting his convictions and contends that his criminal history must be proved to a jury beyond a reasonable doubt. We affirm.

Nick Maruska provided the testimony implicating Stout in this case. On October 2, 2002, Maruska got a 12 pack of beer and headed to Stout's house in the middle of the afternoon. Over the next several hours, Stout and Maruska drank the 12 pack of beer, were well into an additional case of beer, and smoked marijuana. During their conversation, Stout told Maruska that he had a problem with someone. Maruska replied that he would beat someone up if needed.

Stout and Maruska left the residence afoot on their way to a birthday party for Stout's brother. They continued to discuss the possibility of a physical confrontation. Maruska told Stout he would back him up if needed. Stout allegedly said he would compensate Maruska with marijuana for his assistance. Stout also told Maruska if something went wrong at the confrontation, they should say they were looking for a job.

Stout and Maruska arrived at John Adams' house. Adams was a foreman for a oil drilling company and had been Stout's supervisor. Stout had worked for the oil company for about 6 months before being laid off for missing 3 days of work. Stout's mother, Theresa Stout, testified that Stout and Adams had a prior confrontation over Stout's dog barking too much and that a fight had ensued.

Earl Adams, Adams' brother, lived in the apartment below Adams. Earl testified that on the night in question, Stout and Maruska knocked on his door and asked if Adams was home. Stout said he wanted to talk to Adams about their previous fight and wanted to get things all straightened out between them. Earl told the two that Adams was not home because Earl wanted to avoid any confrontation. Maruska testified he and Stout went upstairs to Adams' apartment anyway. Stout knocked on the door. Adams and Stout cussed at each other through the door. Adams told Stout to "go the fuck away." Stout told Maruska to "go ahead" and "do what you're going to do." Maruska kicked in the door. Maruska and Stout went into the apartment.

Inside the apartment, Maruska and Adams got into a fight and exchanged punches. Maruska testified that Adams pulled a 12-inch bowie knife and began swinging it at him. Maruska pulled out a pocketknife he carried at his side, and the two engaged in a knife fight during which they stabbed each other. ...


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