State v. Hernandez

The opinion of the court was delivered by

McFarland, J.:

Defendant Leonardo Q. Hernandez appeals from his jury trial conviction of first degree murder (K.S.A. 21-3401). In the early morning hours of April 16,1978, defendant was patronizing the San Luis Club in Wichita. Hector L. Espinoza was also present at the club. The two men had a history of personal conflicts with each other, including physical violence. At approximately 2:00 a.m. the men engaged in another alterca tion. Defendant left shortly thereafter. Thirty to forty minutes later defendant, now armed with a .38 caliber handgun,…