Sipp v. State

STATON, Judge.

Benny Ray Sipp appeals his conviction for reckless homicide,1 a class C felony. Following a trial by jury, the trial judge entered judgment on the jury's verdict of guilty. Sipp raises two issues on this appeal:

1. Whether the verdict of the jury was supported by sufficient evidence;

2. Whether the trial court erred in failing to give Sipp's tendered jury instructions.

We need not discuss the sufficiency of the evidence issue because we reverse on the instruction issue.

Reversed.

The undisputed evidence shows that Sipp, traveling in excess of fifty miles per hour, side-swiped two…