mental state

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Actus reus refers to the act or omission that comprise the physical elements of a crime as required by statute. Actus reus includes only a voluntary affirmative act, or an omission (failure to act), causing a criminally proscribed result.

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Facts

On January 19, 2005, Scott D. Cheever shot and killed Greenwood County Sheriff Matthew Samuels near Hilltop, Kansas. See Kansas v. Cheever,284 P.3d 1007, 1014 (Kan. 2012). Cheever and four others were cooking and using methamphetamine in the early...