Revisor’s Note:

For Source or Prior Law, see 21-3404.

CASE ANNOTATIONS

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

2. Referred to; appeal from conviction of second degree murder; record examined; no error. State v. Wilson, 215 K. 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 K. 423, 443, 532 P.2d 1309.

4. Conviction hereunder reversed; admission of prior conviction pursuant to 60-455 prejudicial. State v. Cross, 216 K. 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 K. 18, 542 P.2d 291.

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

7. Conviction hereunder reversed; failure to instruct on lesser included offense of involuntary manslaughter. State v. Seelke, 221 K. 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 K. 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 K. 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 K. 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 K. 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 K. 724, 729, 576 P.2d 657.

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

14. Conviction upheld; self-defense evidence not within test of 21-3211. State v. Stringfield, 4 K.A.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 K. 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 K.A.2d 280, 281, 284, 627 P.2d 1174.

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

18. Confidential communications between spouses admissible when inadvertently obtained by third party. State v. Myers, 230 K. 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 K. 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 K. 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 K. 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 K. 791, 799, 696 P.2d 381 (1985).

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

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

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

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

27. Conviction reversed; at second-degree murder (21-3402) trial, instructions on voluntary manslaughter and self-defense (21-3211), but not involuntary manslaughter (21-3404) examined. State v. Griblin, 12 K.A.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 K. 639, 658, 763 P.2d 572 (1988).

29. Evidence sufficient to require instruction on lesser included offense examined. State v. Stallings, 246 K. 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 K. 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 K. 505, 802 P.2d 507 (1990).

32. Evidence needed to justify instruction on voluntary manslaughter in murder trial examined. State v. Hamons, 248 K. 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 K. 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 K. 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 K. 149, 153, 843 P.2d 695 (1992).

36. Finding spouse in flagrante delicto insufficient provocation to support voluntary manslaughter instruction. State v. McClanahan, 254 K. 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 K. 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 K. 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 K. 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 K. 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 K. 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 K. 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 K. 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 K. 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 K. 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 K. 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 K. 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 K. 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 K. 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 K. 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 K. 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 K.A.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 K. 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 K.A.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 K.A.2d 544, 43 P.3d 855 (2002).

56. Cited; imperfect self-defense relating to voluntary manslaughter not appropriate, when. State v. Carter, 284 K. 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 K. 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 K. 261, 301, 173 P.3d 612 (2007).

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

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

61. Cited; no error in not giving instruction on lesser included offense. State v. Gallegos, 286 K. 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 K. 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 K. 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 K. 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 K.A.2d 368, 202 P.3d 722 (2009).

66. Jury was properly instructed that voluntary manslaughter is an intentional killing. State v. Mendoza, 41 K.A.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 K. 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 K. 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 K. 577, 586, 477 P.3d 1027 (2020).