State v. Gibson

CROCKETT, Justice:

Defendant Charles Lee Gibson appeals from his conviction of second-degree murder 1 for killing Leslie Wayne Wigaard on the night of June 17-18,1976 just off Highway 70 in Grand County near the Colorado border.

Defendant does not dispute that he killed Wigaard by stabbing him with a knife, but contends: (1) that because of his evidence of mutual combat and self defense his conviction of second-degree murder was not justified; and (2) that the court erred in admitting evidence that subsequent to the killing defendant raped a woman present at the scene.

At about noon on June 17,…