STATE v. RUTTER

No. 66,515

252 Kan. 739 (1993)

850 P.2d 899

STATE OF KANSAS, Appellee, v. JAMES RUTTER, Appellant.

Supreme Court of Kansas.

Opinion filed April 16, 1993.


Attorney(s) appearing for the Case

Jessica R. Kunen, chief appellate defender, argued the cause and was on the brief for appellant.

Jerome A. Gorman, assistant district attorney, argued the cause, and Nick A. Tomasic, district attorney, and Robert T. Stephan, attorney general, were with him on the brief for appellee.


The opinion of the court was delivered by

DAVIS, J.:

The defendant, James Rutter, appeals his conviction of second-degree murder. He claims that the trial court erred by rejecting his request for an instruction that he acted in defense of another and by failing to instruct on the lesser included offense of involuntary manslaughter. We affirm.

On the afternoon of July 11, 1990, defendant was drinking beer at the home of a friend, Larry Jenkins. As the...

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