State v. Pruett

Defendant, Timothy Bryon Pruett, was convicted after a jury trial of manslaughter. The indictment charged that defendant had recklessly caused the death of Barbara Jean Smith by striking and bodily throwing her during an eight-day period, October 12-20, 1974.

Defendant appeals, contending that the trial court erred (1) in denying his motion for a directed verdict and (2) in instructing the jury on aiding and abetting, on the state’s alternate theory that defendant was his wife’s accomplice in the homicide.

The deceased was a 26-year-old, mentally-retarded ward of the state. The record shows…