State v. Pope

KLEINSCHMIDT, Judge.

¶ 1 The Defendant, Eugene Wilmot Pope, appeals his conviction and sentence for various crimes growing out of an argument that led to the endangerment of a number of people and the death of a child. We reverse because the Defendant was tried to a jury of only eight persons instead of to a jury of twelve persons to which he was entitled.

¶2 The Defendant was arguing with a neighbor when the pistol he was brandishing discharged. The bullet penetrated the wall of the neighbor’s home and killed a child. The Defendant was charged with second-degree murder of a child under fifteen…