State v. Guebara

The opinion of the court was delivered by

Prager, J.:

This is a direct appeal in a criminal action in which the defendant-appellant, Paul Guebara, was convicted of murder in the first degree (K.S.A. 21-3401). It was undisputed that the defendant shot and killed his wife, Genny Guebara. The defendant admitted the homicide in his testimony at the trial. The only issue raised on the appeal is that the trial court erred by failing to instruct the jury on the lesser included offense of voluntary manslaughter as defined in K.S.A. 21-3403.

At the trial, the factual circumstances were not greatly in…