State v. Browning

HOUSER, Commissioner.

Billy Ray Browning, convicted of second degree murder and sentenced to 10 years’ imprisonment, has appealed on the sole ground that the court erred in not instructing that defendant should be acquitted if the homicide was excusable on account of accident.

The state’s case tended to show these facts: Defendant, one Bell and others attended a private party at a residence in Kansas City. When the party broke up the guests went to the bedroom to get their coats. A guest named Louise discovered that her coat was missing. A search was begun. Defendant came out of the bedroom,…