State v. Guebara

236 Kan. 791, 696 P.2d 381 (1985)

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State v. Guebara

Supreme Court of Kansas
236 Kan. 791, 696 P.2d 381 (1985)

  • Written by Susie Cowen, JD

Facts

On February 16, 1983, Paul Guebara (defendant) argued with his wife about misdemeanor criminal charges that she had filed against him for battery and theft. After Guebara’s wife told Guebara that the assistant county attorney would not let her drop the charges, Guebara shot and killed her. At trial, Guebara testified that he shot his wife based on a sudden impulse, without reflection. His attorney requested that the trial court include voluntary manslaughter in its jury instructions. The court refused, and instructed the jury only on first and second degree murder. The jury found Guebara guilty of first degree murder. Guebara appealed.

Rule of Law

Issue

Holding and Reasoning (Prager, J.)

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