STATE v. GUEBARA

No. 56,457

236 Kan. 791 (1985)

696 P.2d 381

STATE OF KANSAS, Appellee, v. PAUL GUEBARA, Appellant.

Supreme Court of Kansas.

Opinion filed March 2, 1985.


Attorney(s) appearing for the Case

Randall D. Grisell, of Loyd & Grisell, of Garden City, argued the cause and was on the brief for the appellant.

Jay C. Hinkel, county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for the appellee.


The opinion of the court was delivered by

PRAGER, J.:

This is a direct appeal in a criminal action in which the defendant-appellant, Paul Guebara, was convicted of murder in the first degree (K.S.A. 21-3401). It was undisputed that the defendant shot and killed his wife, Genny Guebara. The defendant admitted the homicide in his testimony at the trial. The only issue raised on the appeal is that the trial court erred by failing to instruct the jury on the lesser...

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