State v. Burgess

The opinion of the court was delivered by

Holmes, J.:

Donald Burgess appeals from his conviction by a jury of one count of aiding and abetting second-degree murder (K.S.A. 21-3205 and 21-3402). We affirm.

The facts of the case were hotly disputed and will be set forth in some detail. Shortly after 1:00 a.m. on July 25,1987, Jari Wills, a black man, entered the Saddleback Lounge in Ottawa, Kansas. The defendant, Donald Burgess, and Mike Hicks were sitting at the bar and as Wills passed them someone called him a “nigger.” Wills, evidently thinking Burgess made the remark, told Burgess not to call…