State v. Whittle

OPINION

HATHAWAY, Presiding Judge.

Defendant was tried on one count of first-degree murder and the jury returned its verdict finding him guilty of second-degree murder, dangerous nature. The state alleged that the murder charge, “or any offense included therein” was of a dangerous nature. A defense motion for new trial, alleging that the trial court improperly instructed the jury on reckless second-degree murder as a lesser-included offense, was granted. The state appeals, contending the jury was properly instructed, and urges reversal of the new trial order. We agree with that position.

The…