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STATE v. DIAS

No. 77,020.

263 Kan. 331 (1997)

949 P.2d 1093

STATE OF KANSAS, Appellee, v. DANIEL M. DIAS, Appellant.

Supreme Court of Kansas.

Opinion filed December 12, 1997.

Attorney(s) appearing for the Case

Rick Kittel, assistant appellate defender, argued the case, and Jessica R. Kunen, chief appellate defender, was with him on the brief for the appellant.

David Lowden, assistant district attorney, argued the cause, and Carla J. Stovall, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

SIX, J.:

Defendant Daniel M. Dias appeals his conviction and sentence for first-degree premeditated murder of his wife, Deborah Dias. K.S.A. 21-3401(a). Dias received a hard 40 sentence. Our jurisdiction is under K.S.A. 22-3601(b)(1), conviction of an off-grid crime.

The primary issues are whether the district court committed reversible error in: (1) failing to instruct the jury on voluntary manslaughter as...

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