[DOWNLOAD] "State v. Pruett" by Supreme Court of Kansas " Book PDF Kindle ePub Free

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• Title: State v. Pruett
• Author : Supreme Court of Kansas
• Release Date : January 03, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

The opinion of the court was delivered by This is a direct appeal by the defendant in a criminal action. The defendant-appellant, Gary D. Pruett, was tried by the district judge sitting without a jury. He was convicted and sentenced under an information charging aggravated battery as defined by K.S.A. 1971 Supp. 21-3414 in count one and aggravated escape from custody as defined by K.S.A. 1971 Supp. 21-3810 in count two. In this opinion we will refer to the appellant as the defendant or Pruett. This case arose out of an altercation which occurred at the Knotty Pine Tavern in Wichita on August 5, 1971. A controversy arose among certain patrons of the tavern including the defendant and his mother. The bartender, Larry Stepp, attempted to quiet the patrons. The defendant took umbrage at certain words uttered by the bartender. The defendant struck the bartender on the side of the head with a beer glass causing a gash which required 12 stitches. Defendant claimed that he struck the bartender in self-defense. There also was a dispute as to whether the defendant already had the beer glass in his hand or picked it up prior to striking the blow. After striking the bartender the defendant picked up a pool cue and swung it at various people in the tavern. He broke the pool cue upon the hands of another patron and ran out of the tavern where he was apprehended by a police officer who had been called to the disturbance. The police officer informed the defendant Pruett that there was enough evidence to charge him with aggravated assault and proceeded to give him the Miranda warning. The officer arrested the defendant and attempted to place him in the police car. Defendant started to run away but was quickly recaptured and taken to the police station. There he was booked on charges not disclosed by the record and was promptly taken by the paddy wagon to the City Prison Farm. While being unloaded from the paddy wagon the defendant again ran off and was recaptured within an hour and returned to the City Prison Farm. On the following day, August 6, 1971, a complaint was filed charging defendant with aggravated battery under count one and aggravated escape from custody designated as a misdemeanor under count two. The defendant was bound over to the district court on both counts following a preliminary hearing. The county attorney thereafter filed an information charging defendant [213 Kan. 43]

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