People v. Killpack

Opinion by

Judge SMITH.

The defendant, Charles Killpack, appeals the judgment of conviction entered on a jury verdict finding him guilty of second degree burglary, criminal attempt, and criminal mischief. He also appeals the trial court’s adjudication of him as an habitual criminal. We reverse.

I

Defendant demands a new trial based on the incompleteness of the reporter’s transcript. We agree that a new trial is required.

Defendant’s theory of defense was that his intoxication precluded the formation of specific intent on his part. On rebuttal the prosecution called an expert witness to testify…