Source or Prior Law:

21-407, 21-410, 21-411, 21-412, 21-413, 21-414, 21-415, 21-418, 21-419, 21-420.

CASE ANNOTATIONS

1. Cited; under facts of case, voluntary manslaughter not a lesser included crime under murder in second degree. State v. Stafford, 213 Kan. 152, 165, 515 P.2d 769. Opinion modified and rehearing denied: 213 Kan. 585, 518 P.2d 136.

2. Referred to; appeal from conviction of second degree murder; record examined; no error. State v. Wilson, 215 Kan. 437, 438, 524 P.2d 224.

3. Failure to instruct on lesser included offense hereunder not erroneous; no evidence from which an inference could have been made for such instruction. State v. Pyle, 216 Kan. 423, 443, 532 P.2d 1309.

4. Conviction hereunder reversed; admission of prior conviction pursuant to K.S.A. 60-455 prejudicial. State v. Cross, 216 Kan. 511, 512, 532 P.2d 1357.

5. Conviction hereunder reversed; failure to instruct on lesser offense and in admission of gruesome photographs. State v. Clark, 218 Kan. 18, 542 P.2d 291.

6. Term "involuntarily produced" as used in K.S.A. 21-3208 construed; intoxication caused by irresistible force; conviction hereunder affirmed. State v. Palacio, 221 Kan. 394, 559 P.2d 804.

7. Conviction hereunder reversed; failure to instruct on lesser included offense of involuntary manslaughter. State v. Seelke, 221 Kan. 672, 675, 678, 683, 561 P.2d 869.

8. Instruction hereunder in prosecution for murder; not error to fail to instruct on involuntary manslaughter and battery. State v. Franklin, 221 Kan. 739, 743, 561 P.2d 860.

9. Conviction of second degree murder; court did not err in refusing to instruct hereunder. State v. Burrow & Dohlmar, 221 Kan. 745, 749, 561 P.2d 864.

10. Conviction of second degree murder affirmed; not error to refuse instruction on voluntary manslaughter. State v. Coop, 223 Kan. 302, 306, 309, 310, 573 P.2d 1017.

11. Trial court did not err in failing to instruct hereunder as lesser offense in prosecution for murder; evidence. State v. Buie, 223 Kan. 594, 598, 575 P.2d 555.

12. Prosecution for murder; evidence did not require instructions on lesser offenses of manslaughter; conviction of second degree murder affirmed. State v. Cates, 223 Kan. 724, 729, 576 P.2d 657.

13. Conviction hereunder reversed; clearly erroneous instructions. State v. Farley, 225 Kan. 127, 587 P.2d 337.

14. Conviction upheld; self-defense evidence not within test of K.S.A. 21-3211. State v. Stringfield, 4 Kan. App. 2d 559, 608 P.2d 1041.

15. Where defendant pushed plunger on needle in deceased's arm and pulled gun trigger ultimately resulting in death, defendant properly convicted of first degree murder. State v. Cobb, 229 Kan. 522, 525, 625 P.2d 1133.

16. Voluntary manslaughter is a lesser degree of murder in the first degree and the trial judge has a duty to instruct on a lesser degree of a crime when the accused might be convicted of the lesser offense. State v. Conley, 6 Kan. App. 2d 280, 281, 284, 627 P.2d 1174.

17. Mentioned; defendant originally charged; charge amended. State v. Williams, 6 Kan. App. 2d 833, 834, 635 P.2d 1274 (1981).

18. Confidential communications between spouses admissible when inadvertently obtained by third party. State v. Myers, 230 Kan. 697, 640 P.2d 1245 (1982).

19. Where no showing fatal shooting occurred while defending another, instruction on self-defense as to defendant only proper. State v. Martin, 234 Kan. 115, 670 P.2d 1331 (1983).

20. Where element of crime hereunder not in evidence, no instruction needed in trial for second-degree murder. State v. Roadenbaugh, 234 Kan. 474, 482, 673 P.2d 1166 (1983).

21. Where defendant denied perpetration of crime, instruction on lesser offense unnecessary when unsupported by evidence. State v. Pearson, 234 Kan. 906, 918, 919, 678 P.2d 605 (1984).

22. Principles establishing provocation to support instruction on voluntary manslaughter reviewed; innate peculiarities of defendant not considered. State v. Guebara, 236 Kan. 791, 799, 696 P.2d 381 (1985).

23. Battered woman syndrome, expert witness testimony examined. State v. Hodges, 239 Kan. 63, 64, 716 P.2d 563 (1986).

24. Cited; information omitting one or more essential elements of crime charged examined. State v. Wilson, 240 Kan. 606, 607, 731 P.2d 306 (1987).

25. Cited; when court has affirmative duty to instruct on lesser included offense (K.S.A. 21-3107) examined. State v. Hill, 242 Kan. 68, 73, 744 P.2d 1228 (1987).

26. Cited; viable fetus as not a "human being" within meaning of aggravated vehicular homicide statute (K.S.A. 21-3405a) determined. State v. Trudell, 243 Kan. 29, 32, 755 P.2d 511 (1988).

27. Conviction reversed; at second-degree murder (K.S.A. 21-3402) trial, instructions on voluntary manslaughter and self-defense (K.S.A. 21-3211), but not involuntary manslaughter (K.S.A. 21-3404) examined. State v. Griblin, 12 Kan. App. 2d 677, 753 P.2d 843 (1988).

28. Cited by dissent; self-defense instruction by battered wife absent showing of imminent danger examined. State v. Stewart, 243 Kan. 639, 658, 763 P.2d 572 (1988).

29. Evidence sufficient to require instruction on lesser included offense examined. State v. Stallings, 246 Kan. 642, 648, 792 P.2d 1013 (1990).

30. When instruction necessary on involuntary manslaughter as lesser included offense of first degree murder examined. State v. Burnison, 247 Kan. 19, 27, 795 P.2d 32 (1990).

31. Evidence sufficient to show adequate provocation, voluntary intoxication as defense and instruction thereon examined. State v. Gadelkarim, 247 Kan. 505, 802 P.2d 507 (1990).

32. Evidence needed to justify instruction on voluntary manslaughter in murder trial examined. State v. Hamons, 248 Kan. 51, 63, 805 P.2d 6 (1991).

33. Evidence required for instruction on attempted voluntary manslaughter as lesser offense of attempted first-degree murder examined. State v. Dixon, 248 Kan. 776, 783, 811 P.2d 1153 (1991).

34. When instruction as lesser included offense of attempted first-degree murder appropriate examined. State v. Dixon, 252 Kan. 39, 45, 843 P.2d 172 (1992).

35. What circumstances justify refusal to instruct on lesser included offenses of premeditated murder examined. State v. Deavers, 252 Kan. 149, 153, 843 P.2d 695 (1992).

36. Finding spouse in flagrante delicto insufficient provocation to support voluntary manslaughter instruction. State v. McClanahan, 254 Kan. 104, 115, 865 P.2d 1021 (1993).

37. Whether court erred by refusing to instruct on voluntary manslaughter when defendant claimed passion motive examined. State v. Gadelkarim, 256 Kan. 671, 693, 887 P.2d 88 (1994).

38. Whether trial court erred in refusing to instruct jury on voluntary manslaughter as a lesser included offense of murder examined. State v. Bailey, 256 Kan. 872, 886, 889 P.2d 738 (1995).

39. Court's failure to instruct jury on second-degree murder and voluntary manslaughter in first-degree murder trial affirmed. State v. Jones, 257 Kan. 856, 873, 896 P.2d 1077 (1995).

40. Court's denial of proposed jury instruction on manslaughter as lesser included offense of felony murder upheld. State v. Arteaga, 257 Kan. 874, 890, 896 P.2d 1035 (1995).

41. Evidence of altercation before victim's death does not require jury to be instructed on voluntary manslaughter. State v. Haddock, 257 Kan. 964, 987, 897 P.2d 152 (1995).

42. No error in trial court's refusal to instruct jury on attempted voluntary manslaughter as a lesser included offense of first-degree murder. State v. Shannon, 258 Kan. 425, 429, 905 P.2d 649 (1995).

43. No error in trial court's refusal to instruct on voluntary manslaughter as a lesser included offense of second-degree murder. State v. Cheeks, 258 Kan. 581, 589, 908 P.2d 175 (1995).

44. Defendant was not entitled to voluntary manslaughter instruction in first-degree murder case. State v. Baacke, 261 Kan. 422, 436, 932 P.2d 396 (1997).

45. Evidence did not justify jury instruction on voluntary manslaughter as a lesser included offense of murder. State v. Clark, 261 Kan. 460, 467, 931 P.2d 664 (1997).

46. Fair sentencing hearing denied because of court's ex parte meeting with victim's family and ex parte consideration of petition requesting harsh punishment. State v. Scales, 261 Kan. 734, 735, 933 P.2d 737 (1997).

47. The "unreasonable but honest belief" necessary to support the "imperfect right to self-defense manslaughter" cannot be based upon a psychotic delusion. State v. Ordway, 261 Kan. 776, 784, 785, 786, 787, 934 P.2d 94 (1997).

48. When defendant is charged with violation of K.S.A. 21-3402(b), court is not required to instruct on voluntary manslaughter, which requires an intentional killing. State v. Robinson, 261 Kan. 865, 882, 934 P.2d 38 (1997).

49. Defendant not entitled to lesser included offense instruction in murder trial; no evidence of provocation in record. State v. Moncla, 262 Kan. 58, 73, 74, 936 P.2d 727 (1997).

50. Trial court denial of jury instruction on lesser included offenses of murder upheld. State v. Follin, 263 Kan. 28, 33, 37, 947 P.2d 8 (1997).

51. Premeditated ax murder case involved no supporting evidence necessitating voluntary manslaughter instruction hereunder; no severe provocation; ample opportunity for reflexion. State v. Spry, 266 Kan. 523, 528, 973 P.2d 783 (1999).

52. Conviction of lesser included offense of voluntary manslaughter stands, in absence of sudden quarrel or heat of passion, if evidence sufficient to convict on greater crime of second-degree murder. State v. Harris, 27 Kan. App. 2d 41, 998 P.2d 524 (2000).

53. No error in failing to give requested instruction on voluntary manslaughter committed in heat of passion. State v. Evans, 270 Kan. 589, 17 P.3d 340 (2001).

54. It is duty of trial court to determine proper instructions to be given jury; failure of defense counsel to object to instructions given is not ineffective assistance of counsel. State v. Powell, 30 Kan. App. 2d 390, 42 P.3d 193 (2002).

55. Conviction of voluntary manslaughter affirmed absent evidence of sudden quarrel or heat of passion if evidence was sufficient to convict of second-degree intentional murder. State v. Cobb, 30 Kan. App. 2d 544, 43 P.3d 855 (2002).

56. Cited; imperfect self-defense relating to voluntary manslaughter not appropriate, when. State v. Carter, 284 Kan. 312, 326, 160 P.3d 457 (2007).

57. No error for failure to instruct on imperfect defense-of-others voluntary manslaughter. State v. White, 284 Kan. 333, 347, 348, 161 P.3d 208 (2007).

58. Voluntary manslaughter instruction not warranted where evidence failed to establish adequate provocation to require the instruction. State v. Brown, 285 Kan. 261, 301, 173 P.3d 612 (2007).

59. Attempted voluntary manslaughter is a legally viable crime in Kansas. State v. Gutierrez, 285 Kan. 332, 339, 172 P.3d 18 (2007).

60. Cited in discussion of availability of imperfect self-defense. State v. Kirkpatrick, 286 Kan. 329, 334, 339, 184 P.3d 247 (2008).

61. Cited; no error in not giving instruction on lesser included offense. State v. Gallegos, 286 Kan. 869, 874, 190 P.3d 226 (2008).

62. Cited; no error found in failing to instruct on lesser included offense for voluntary manslaughter. State v. Cook, 286 Kan. 1098, 1107, 191 P.3d 294 (2008).

63. Cited; no error in premeditated first-degree murder case in failing to instruct on lesser included offenses. State v. Jones, 287 Kan. 559, 572, 197 P.3d 815 (2008).

64. Refusal to instruct on lesser included offense of involuntary manslaughter upheld on appeal. State v. Houston, 289 Kan. 252, 213 P.3d 728 (2009).

65. District court did not commit reversible error in instructing the jury on voluntary manslaughter. State v. Krider, 41 Kan. App. 2d 368, 202 P.3d 722 (2009).

66. Jury was properly instructed that voluntary manslaughter is an intentional killing. State v. Mendoza, 41 Kan. App. 2d 996, 207 P.3d 1072 (2009).

67. In prosecution for murder in the first degree, defendant was not entitled to jury instruction on voluntary manslaughter based on imperfect defense of another, as evidence before jury would not have supported finding that defendant harbored an honest belief his victim was an aggressor threatening imminent use of lawful force. State v. Cosby, 293 Kan. 121, 262 P.3d 285 (2011).

68. The defendant's subjective beliefs are considered when determining whether a lesser included offense of voluntary manslaughter is appropriate. State v. Qualls, 297 Kan. 61, 298 P.3d 311 (2013).

69. The phrase "mere words cannot constitute sufficient provocation for a heat of passion voluntary manslaughter instruction, even if those words solicited murder" does not bear on the gravity of the words but on the fact that words alone are always insufficient to justify a lesser-included instruction for voluntary manslaughter. State v. Stafford, 312 Kan. 577, 586, 477 P.3d 1027 (2020).