State v. Moore

The opinion of the court was delivered by

Porter, J.:

The defendant was convicted of the crime of murder in the second degree for killing Frank Beree and was sentenced to a term of ten years' imprisonment. He appeals.

It is claimed that the court erred in refusing an instruction concerning manslaughter in the fourth degree, and The State v. Buffington, 66 Kan. 706, 72 Pac. 213, is relied upon. The two cases are easily distinguishable. In the present case the court instructed fully in regard to manslaughter in the second and third degrees, but told the jury that it did not deem it proper or…