State v. Guebara case brief summary
696 P.2d 381 (1985)
Defendant appealed from a judgment of
the District Court of Finney County (Kansas), following a jury trial,
in which he was found guilty of murder in the first-degree. Defendant
argued that the trial court erred when it failed to instruct the
jury on the lesser included offense of voluntary manslaughter as
defined in Kan. Stat. Ann. § 21-3403.
CASE FACTS Defendant's wife filed for divorce.
About the same time she also filed criminal charges against defendant
for misdemeanor battery and theft. It was undisputed that defendant
shot and killed his wife when she attempted to collect the parties'
daughter who had been staying with defendant in accordance with an
agreed visitation schedule. Defendant admitted to the homicide in his
testimony at trial. A jury returned a verdict that found defendant
guilty of murder in the first-degree. Defendant challenged the trial
court's decision not to instruct the jury on the lesser-included
offense of voluntary manslaughter set forth in § 21-3403.
court affirmed defendant's conviction because the evidence was not
sufficient to require an instruction on voluntary manslaughter as a
lesser-included offense of the charge of murder.
The court noted that
it had to apply an objective standard for measuring the sufficiency
of the provocation.
In doing so, it could not consider the innate
peculiarities of the individual defendant.
Therefore, the court
concluded that the trial court did not err when it refused to
instruct the jury on voluntary manslaughter.
The court affirmed defendant's conviction for murder in the
first-degree. Recommended Supplements for Criminal Law
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