Stoner v. State

DeBRULER, Justice.

Appellant-defendant, Kevin Lynn Stoner, was convicted of the crime of murder and received a sentence of forty years. Two errors are presented for our consideration. The first is that error occurred when a jury instruction regarding the defense of mistake of fact was refused, and the second occurred when the trial court found no significant mitigating circumstances and imposed the base sentence of a term of forty years.

On May 15, 1980, appellant, along with Lonnie Johnson and Harold Clairborne broke into the house of C. Russell Krull to steal. Appellant acted as lookout and…