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eBook details

• Title: State v. Dargatz
• Author : Supreme Court of Kansas
• Release Date : January 18, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

The opinion of the court was delivered by This is a direct appeal in a criminal action in which the defendant, Donald L. Dargatz, was convicted of incitement to riot (K.S.A. 21-4105) and murder in the second degree (K.S.A. 21-3402). The facts in the case were virtually undisputed and are [228 Kan. 323] as follows: Around 6:00 or 7:00 p.m. on the evening of November 17, 1978, defendant Dargatz, a white male in his mid thirties, was driving his white van in the vicinity of Jardine Junior High School in Wichita. Dargatz was accompanied by his wife, Carolyn, and his fourteen-year-old stepson, Danny Nicholson. As the van approached a group of black juveniles, one member of the group, fourteen-year-old Bruce Epps, threw a stick which struck the side of the van. Defendant turned the van around, drove over the curb, and proceeded to chase the boys with the van across the baseball field adjacent to the school. Several of the boys testified that the defendant drove the van at a speed of 30 miles per hour, almost striking Bruce Epps and missing him by only a few inches. The boys were able to escape by crossing a foot bridge covering a creek on the opposite side of the baseball field. The van stopped by the bridge. Carolyn Dargatz and Danny Nicholson got out of the van and exchanged obscenities with the boys across the creek. Then they got back in the van and returned to their home. En route, the defendant stated that he was going to get his gun and go back and scare the boys who had thrown the stick.

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