People v. Tapia

On the night of May 23, 1970, two rival groups of young people were in Estes Park and had been drinking. According to some testimony, the two groups were in a fight. The defendant, being in one of the groups, shot the victim, a member of the other group, and several months later the victim died as a result. The jury brought in a verdict of voluntary manslaughter. We reverse.

I

The defendant has presented two assignments of error, the first of which is that the question of second-degree murder should not have been submitted to the jury. So far as is material here, second-degree murder under the…