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State v Guebara
S. Ct. Kansas 1985
Author:- Sam
Biers
Facts: D Paul Guebara testified that he shot and killed his common law wife Genny. They had two children, one Paul’s the other Genny’s. Genny filed for divorce in 1983, she also filed criminal battery and theft charges against Paul. Paul spoke with a relative who was sheriff and stated that Genny made him mad and he wanted to kill her. When Genny came to pick up their daughter from a scheduled visitation, Paul produced the criminal papers. Genny replied that she attempted to drop them but the county atty wouldn’t drop them. As she attempted to walk by Paul produced a gun and shot her. As her hands came up he shot her again. Then as she stumbled toward the street he shot her several more time, turned and ran to the LEO and surrendered. His confession was that he planned killing her the day before and that day.
Issue: Whether the jury was properly instructed on voluntary manslaughter?
Holding: Yes.
Procedure: Trial Court jury returned a verdict of guilt for first degree murder. Affirmed.
Rule: There must be evidence of an emotional state constituting heat of passion and, second there must be a sufficient provocation for voluntary manslaughter.
Court Rationale: Genny’s refusal to dismiss misdemeanor criminal charges arising from a domestic squabble was not sufficient provocation to kill. An emotional state is necessary to constitute heat of passion, and the defendant’s emotional state of mind did not arise from circumstances constituting sufficient provocation.