State v. Skippings

OPINION

CHÁVEZ, Justice.

{1} In this case, we consider whether Defendant’s requested involuntary manslaughter instruction was properly denied by the district court. First, we evaluate the State’s claim that insufficient evidence was adduced at trial to support giving the instruction. Second, finding that the evidence was sufficient, we proceed to analyze whether Defendant’s theory that the killing was accidental precludes giving the instruction. Because these two theories of the killing implicate inconsistent mental states, the State contends that it would have been improper for the district…