State v. Barr

HOWARD, Chief Judge.

Appellant appeals from his conviction of voluntary manslaughter while armed with a gun. The conviction arose out of the fatal shooting of Timothy Tylutki as he and several companions left appellant’s yard after attempting to steal some wooden chairs valued at less than $5.00.

At trial, appellant testified that on December 21, 1970, he was living in a small house in back of an antique store in the area of the University of Arizona. Because of a number of thefts and burglaries in the neighborhood, the owner of the antique business, Thomas Koenen, had asked appellant some…