State v. Fontana

OAKS, Justice:

Robert M. Baxter was killed instantly by a .357 Magnum bullet that entered his head just ahead of his left ear as he sat in his car waiting for a traffic light. A jury convicted defendant of second degree murder in Baxter’s death. The sole issue on this appeal is the validity of the jury instruction defining the variation of second degree murder involving “depraved indifference to human life.” That issue requires a review of the evidence at the trial.

Defendant, an experienced marksman, admitted firing the shot that killed Baxter, but insisted that it was an accident. He…