Clark v. State

STEELE, Chief Justice:

In this appeal from a manslaughter conviction, we consider whether a trial judge improperly commented on the evidence when he instructed the jury and whether a defendant is entitled to a justification jury instruction for a crime that requires a reckless mental state. We reaffirm that jury instructions must be construed as a whole to determine whether a trial judge commented on the evidence and conclude that the trial judge’s statements were proper. Next, we hold that 11 Del. C. § 470(a) does not bar a justification instruction for crimes requiring a reckless mental…