State v. Gallegos

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 121,685 STATE OF KANSAS, Appellee, v. CARLOS ANTONIO GALLEGOS, Appellant. SYLLABUS BY THE COURT 1. An appellate court reviews issues of alleged jury instruction error to determine if the instruction is both legally and factually appropriate. 2. Voluntary manslaughter is a legally appropriate lesser offense instruction of first- degree murder. 3. Voluntary manslaughter is factually appropriate when the evidence demonstrates an intentional killing and a legally sufficient provocation. Whether provocation is legally sufficient is based on an…