The opinion of the court was delivered by Anthony R. Edwards appeals his jury trial convictions of
second-degree murder (K.S.A. 21-3402) and unlawful possession of
a firearm (K.S.A. 1992 Supp. 21-4204). The charges arise from the death by gunshot of Timothy D. Moser
which occurred on August 24, 1991, in an apartment located at
5024 Osie in Wichita. Inasmuch as two of the issues herein are
very fact specific as to the events leading up to and resulting
in Mr. Moser's death, to avoid repetition, further recitation of
the facts will be reserved until the discussion of those issues.
