State v. Evans

The opinion of the court was delivered by

Lockett, J:

Defendant Linda K. Evans appealed her conviction of premeditated first-degree murder, claiming (1) the trial court erred in failing to instruct the jury on voluntary manslaughter committed in the heat of passion, and (2) the evidence was insufficient to sustain her conviction of premeditated murder.

The victim, Elmer Rainbolt, who was 72 years of age and in failing health, lived in Sedgwick County, Kansas, with his nephew, Dennis Rich. Rich traveled frequently for his job. Elmer had a home oxygen machine to self-administer oxygen by a nasal…