State v. Charles

OPINION

RANDALL, Judge

In this appeal from a conviction for second-degree felony murder, appellant argues that the district court (1) committed plain error by failing to instruct the jury on the intent element of second-degree assault; (2) erred by excluding evidence of the victim’s prior assaults against others; (3) committed reversible, error by communicating with the jury during deliberations outside of open court in appellant’s absence and without making a contemporaneous record; and (4) committed plain error by failing to instruct the jury on defense of dwelling. Lastly, appellant argues…