State v. Pruett

The appellant, Stuart R. Pruett, was convicted by a district court jury of manslaughter by unintentionally causing another’s death while committing the offense of reckless assault. Pruett was also convicted of using a weapon to commit a felony. On appeal, Pruett argues that he cannot be convicted of use of a weapon to commit a felony when the underlying felony is an unintentional crime. He further claims that the district court erred in various respects regarding evidentiary and instruction issues. We affirm Pruett’s conviction and sentence for manslaughter but set aside the verdict and…