State v. Hernandez

The opinion of the court was delivered by.Six, J.:

The primary focus of this criminal case is on the propriety of the trial court’s refusal to instruct on defense of another. Secondary issues relate to evidentiary rulings.

The standard of review on the refusal to instruct issue requires us to view the evidence in a light most favorable to the defendant, Russell Hernandez, who requested the instruction. State v. Scott, 250 Kan. 350, Syl. ¶ 4, 827 P.2d 733 (1992). The standard , of review on the evidentiary issues is abuse of discretion. State v. Milo, 249 Kan. 15, 26, 815 P.2d 519 (1991).

Hernande…