Court of Appeals of Kansas January 21, 2000, 79,614 (State v. Maggard)

Fairchild, J.:

Defendant, Donald Maggard, appeals from his jury conviction of attempted rape. He contends that the trial court erred in (1) refusing to instruct the jury on diminished capacity and, at the same time, instructing the jury that it must consider

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the case without favoritism or sympathy for either party; and (2) finding defendant competent to stand trial.