State v. Barner

MAUS, Presiding Judge.

The defendant was charged with murder in the second degree. He was found guilty by a jury and his punishment fixed at imprisonment for 18 years. A brief summary of the facts is sufficient to frame the issues. On the night of April 19, 1982, the defendant and four others were playing poker with the victim in his home near Everton. They were all in varying stages of intoxication. A quarrel developed between the victim and one Pierce over a pot. The victim took out a knife and opened it and said he ought to stick Pierce. According to the defendant, the victim became…