State v. Graham

Kelly, Justice.

Defendant appeals from an order of the district court denying a motion for a new trial after his conviction for first-degree manslaughter. The issues presented for review are whether the trial court erred by refusing to instruct the jury that an aggressor who withdraws may regain the right to assert self-defense and whether evidence relating to the bad character of the deceased was properly excluded. We affirm.

The chain of events which led to the fatal encounter began in the evening of July 27, 1968, when a group calling itself the El Foresteros Motorcycle Club met in a park in…