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STATE v. CLARK

No. 77,660.

263 Kan. 370 (1997)

949 P.2d 1099

STATE OF KANSAS, Appellee, v. BARRY CLARK, Appellant.

Supreme Court of Kansas.

Opinion filed December 12, 1997.

Attorney(s) appearing for the Case

Debra J. Wilson, assistant appellate defender, argued the cause, and Steven R. Zinn, deputy appellate defender, was with her on the brief for appellant.

Terra D. Morehead, assistant district attorney, argued the cause, and Nick A. Tomasic, district attorney, and Carla J. Stovall, attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

This is a direct criminal appeal from a first-degree murder conviction. According to his pretrial statements and other trial evidence, the defendant Barry Clark shot and killed Thejuan Hollinshed. The defendant contends that the trial court erred (1) by failing to instruct on the lesser included offense of voluntary manslaughter based upon "sudden quarrel," (2) by instructing the

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