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STATE v. EVANS

No. 84,458.

270 Kan. 585 (2001)

17 P.3d 340

STATE OF KANSAS, Appellee, v. LINDA K. EVANS, Appellant.

Supreme Court of Kansas.

Opinion filed January 26, 2001.

Attorney(s) appearing for the Case

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

Charles R. Reimer, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Carla J. Stovall, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

Defendant Linda K. Evans appealed her conviction of premeditated first-degree murder, claiming (1) the trial court erred in failing to instruct the jury on voluntary manslaughter committed in the heat of passion, and (2) the evidence was insufficient to sustain her conviction of premeditated murder.

The victim, Elmer Rainbolt, who was 72 years of age and...

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