STATE v. THOMAS

No. 52,520

6 Kan. App. 2d 925 (1981)

636 P.2d 807

STATE OF KANSAS, Appellee, v. JOHN THOMAS, Appellant.

Court of Appeals of Kansas.

Opinion filed November 25, 1981.


Attorney(s) appearing for the Case

Fred Spigarelli and Timothy A. Short, of Pittsburg, for appellant.

Michael F. McCurdy, assistant county attorney; Doug Baker, county attorney; and Robert T. Stephan, attorney general, for appellee.

Before JUSTICE HOLMES, presiding; MEYER, J.; and HARRY G. MILLER, District Judge Retired, assigned.


MEYER, J.:

John Thomas (appellant) appeals from his conviction of involuntary manslaughter, K.S.A. 21-3404.

Appellant operated a small private club on the east side of Pittsburg, Kansas, called the Pan Club. On April 19, 1978, four troublemakers entered his bar and began breaking glasses against the wall. Appellant confronted the group with a gun to force them out of the club. The gun discharged and one of the group was fatally wounded. Appellant contends...

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