State v. Eagle

I concur with the majority opinion that the District Court did not err in giving its instruction on the element of criminal intent, as well as statements in that opinion concerning the prosecutor’s comment on defendant’s failure to take the stand as a witness. But I believe the District Court erred prejudicially (1) in failing to instruct the jury on defendant’s theory of voluntary termination of criminal conduct, and (2) in failing to instruct on the reasonable alternative hypothesis.

Defendant contends that his proposed instruction of the affirmative defense of voluntary termination was in…