State v. Guebara

696 P.2d 381 (Kan. 1985)

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Nature of the Case

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Facts

Guebara (D) had long history of violent behavior towards his common law wife, Genny. After Genny filed divorce papers and battery and theft charges, D told a deputy, after his appearance before a magistrate on the criminal charges, that he would kill Genny even though he didn't want to. D had a verbal confrontation with his wife and shot and killed her. D confessed and told the officers that he had intended to shoot her for two days, but he had been smoking marijuana and did not intend to shoot her when he first pulled out his gun. He was charged with murder. At trial, a defense expert testified that marijuana intensifies aggressive behavior and lowers judgment. The trial court refused to give a manslaughter instruction, and D was convicted of murder. D appealed.