Pinegar v. State

GARRARD, Judge.

Robert Pinegar was convicted of murder. On appeal he contends the state failed to overcome his claim of self defense and that the court erred by refusing to instruct the jury concerning voluntary manslaughter.

The events in question took place on April 1, 1988. At about 2:00 p.m. Pinegar and his brother met Tony Niegosinki on the street and the three went to Niegosinki’s apartment for drinks. During conversation at the apartment Pinegar stated that he did not lift weights and, displaying a knife, said that if anyone messed with him he would just kill them.

About 6:30 p.m. Mary…