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STATE v. WILBURN

No. 65,525

249 Kan. 678 (1991)

822 P.2d 609

STATE OF KANSAS, Appellee, v. EARL E. WILBURN, Appellant.

Supreme Court of Kansas.

Opinion filed December 6, 1991.

Attorney(s) appearing for the Case

J. David Farris, of J. David Farris Law Offices, of Atchison, argued the cause and was on the brief for appellant.

Gunnar A. Sundby, county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

Earl E. Wilburn appeals his jury trial convictions of first-degree murder (K.S.A. 21-3401) and second-degree murder (K.S.A. 21-3402).

The two claims of error are the trial court's failure to instruct the jury on:

1. diminished capacity not amounting to insanity; and

2. involuntary manslaughter.

By virtue of the issues raised, the facts must be set forth in considerable...

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