State v. Vosler

Defendant was charged with first degree murder. Pursuant to the jury’s verdict, he was adjudged guilty of second degree murder and now appeals. We reverse and remand for a new trial.

On November 26, 1981, defendant’s wife was hospitalized as the result of a drug overdose which she had taken because of despondency over an extramarital affair she had been having with the victim, a close friend of the defendant. Both the defendant and his wife’s paramour had been with her at the intensive care unit of the hospital. After the visit the defendant left the hospital and obtained a gun from a friend…