State v. Wilburn

The opinion of the court was delivered by

McFarland, J.:

Earl E. Wilburn appeals his jury trial convictions of first-degree murder (K.S.A. 21-3401) and second-degree murder (K.S.A. 21-3402).

The two claims of error are the trial court’s failure to instruct the jury on:

1. diminished capacity not amounting to insanity; and

2. involuntary manslaughter.

By virtue of the issues raised, the facts must be set forth in considerable detail.

Defendant and Cathy Wilburn had a lengthy and troubled marriage. Cathy had filed for divorce five times. A divorce was granted on the fifth petition. There was evidence…