State v. Berge

Byron James Berge appeals his conviction of first-degree murder.

Issues

1. Did the evidence support a conviction for first-degree murder as charged under RCW 9A.32.030(l)(b)?

2. Did the trial court err in refusing to give the jury a first-degree manslaughter instruction?

Facts

In the early morning of August 25, 1978, Byron James Berge shot and killed George Kupper as he slept in Berge's living room. Berge testified at trial that before returning home he had voluntarily ingested cocaine and, as a result, he thought Kupper was a Russian KGB agent with the power to drain Berge's psychic energy and…