State v. Kernes

REYNOLDSON, Justice.

The fighting issue in this appeal is the appropriate standard of conduct to be included in a jury instruction in an involuntary manslaughter case arising out of a shooting incident.

July 7, 1975, defendant and some friends and acquaintances participated in a movable drinking bout. It terminated that night in a friend’s house where defendant and Joe Ramirez engaged in friendly “slap fighting.”

Defendant picked up a .410 shotgun he knew was loaded and pointed it at the unarmed Ramirez. He said, “Mother Fuck-' er, this makes me the man.” Two others present warned him the gun…