People v. Mares

ENOCH, Chief Judge.

Defendant, David L. Mares, appeals from a judgment entered on a jury verdict finding him guilty of second degree murder. We reverse and remand.

On Saturday, July 25, 1981, defendant entertained friends at a barbecue at his home, during which excessive drinking took place throughout that night and into Sunday morning. On Sunday afternoon, police and paramedics responded to the report of a stabbing at the residence. Upon arrival, defendant’s male guests were found “passed out” or sleeping in various places on the property. In the kitchen, the victim was found lying on the…