State v. Gregory

The opinion of the court was delivered by

Foth, C.:

On Christmas Eve, 1973, William Gregory shot Peter Troy Fullard in the stomach outside the LKC Tavern in Coffey-ville. When Fullard died of the wound some thirty days later Gregory was charged with second degree murder. He was convicted by a jury of involuntary manslaughter, and he appeals. His claims of error go to the court’s instructions to the jury and to the admission of certain rebuttal testimony.

The LKC Tavern was operated by the defendant’s half brother, Kenneth Cargyle. Fullard, the deceased, spent the afternoon in the tavern…