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STATE v. PENNINGTON

No. 68,894

254 Kan. 757 (1994)

869 P.2d 624

STATE OF KANSAS, Appellee, v. AARON PENNINGTON, Appellant.

Supreme Court of Kansas.

Opinion filed March 4, 1994.

Attorney(s) appearing for the Case

Reid T. Nelson, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with him on the brief for appellant.

Richard G. Guinn, assistant district attorney, argued the case, and Paul J. Morrison, district attorney, and Robert T. Stephan, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

The defendant, Aaron Pennington, appeals from his convictions of first-degree murder and aggravated burglary. He contends that the trial court erred (1) by admitting evidence of an experimental shooting test; (2) by failing to instruct the jury that it must not draw inferences from the defendant's failure to testify; (3) by instructing the jury on aiding and abetting; and (4) by failing to give the cautionary...

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